STATE v. AKRON AIRPORT POST NO. 8975

No. 84-1529.

19 Ohio St. 3d 49 (1985)

THE STATE OF OHIO, APPELLEE, v. AKRON AIRPORT POST NO. 8975, VETERANS OF FOREIGN WARS OF THE UNITED STATES, APPELLANT.

Supreme Court of Ohio.

Decided August 9, 1985.


Attorney(s) appearing for the Case

Harold K. Stubbs, director of law, Gary M. Rosen, city prosecutor, and Charles R. Quinn, for appellee.

Dworken & Bernstein Co., L.P.A., Howard W. Bernstein and Patrick J. Perotti, for appellant.

Climaco, Climaco, Seminatore & Lefkowitz Co., L.P.A., and Mark R. DeVan, urging reversal for amici curiae, Ohio Licensed Beverage Assn. et al.


DAHLING, J.

Appellant has submitted two propositions of law relative to its argument that the court of appeals erred in reversing the judgment of the trial court which granted appellant's motion to suppress.

These propositions are: (1) that under the facts of the instant case a search warrant was required; and (2) that R.C. 4301.10 does not allow a law enforcement officer, who does not have express authority from the Department of Liquor Control, to conduct...

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