STATE v. PI KAPPA ALPHA FRATERNITY

No. 85-219.

23 Ohio St. 3d 141 (1986)

THE STATE OF OHIO, APPELLEE, v. PI KAPPA ALPHA FRATERNITY, APPELLANT.

Supreme Court of Ohio.

Decided April 23, 1986.


Attorney(s) appearing for the Case

Richard A. Castellini, city solicitor, Paul J. Gorman, city prosecutor, and Terrence R. Cosgrove, for appellee.

Croswell & Adams Co., L.P.A., R. Scott Croswell III and Elizabeth E. Agar, for appellant.


SWEENEY, J.

The state contends that undercover law enforcement officers, actively engaged in an official investigation, do not commit criminal trespass by gaining entry into the residence of another under false pretenses, since such non-coercive activity is privileged. The state further argues that the appellant fraternity waived any right to privacy in the areas of the fraternity house shown to the liquor agents, since the fraternity house manager consented to the...

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