STATE v. CLARK

No. 11-82-8.

10 Ohio App. 3d 308 (1983)

THE STATE OF OHIO, APPELLANT, v. CLARK, APPELLEE.

Court of Appeals of Ohio, Paulding County.

Decided June 22, 1983.


Attorney(s) appearing for the Case

Mr. J. David Webb, prosecuting attorney, and Mr. R. Kelly Ormsby III, for appellant.

Mr. Russell J. McMaster, for appellee.


COLE, J.

This is a prosecutor's appeal pursuant to Crim. R. 12(J) from a motion to suppress that was granted in the County Court of Paulding County.

On May 27, 1982 the defendant-appellee, Charles Clark, was arrested by Officer Merritt, an auxiliary police officer of the Paulding Village Police Department, for violation of R.C. 4511.19, operating a vehicle while under the influence of alcohol. Merritt, dressed in uniform but seated in his personal, unmarked...

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