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STATE v. ORR

No. 00-408.

91 Ohio St.3d 389 (2001)

THE STATE OF OHIO, APPELLEE, v. ORR, APPELLANT. THE STATE OF OHIO, APPELLEE, v. SMITH, APPELLANT.

Supreme Court of Ohio.

Decided May 2, 2001.

Attorney(s) appearing for the Case

Julia L. McNeil, Dayton Director of Law, John J. Scaccia, Chief Administrative Counsel, and Deirdre Logan, Acting Chief Prosecutor, for appellee.

Carl G. Goraleski and Anthony R. Cicero, Assistant Public Defenders, for appellants.

Betty D. Montgomery, Attorney General, David M. Gormley, Associate Solicitor, and David V. Patton, Assistant Solicitor, urging affirmance for amicus curiae Attorney General of Ohio.

Barry M. Byron, Stephen L. Byron and John Gotherman, urging affirmance for amicus curiae Ohio Municipal Attorneys Association.

Flanagan, Lieberman, Hoffman & Swaim and Richard Hempfling, urging reversal for amicus curiae American Civil Liberties Union of Ohio Foundation.

FRANCIS E. SWEENEY, SR., J.

From June 8, 1998 through June 20, 1998, the city of Dayton operated a system of driver's license checkpoints designed to identify and remove unlicensed drivers and drivers with suspended licenses from the roads. The checkpoints were set up at various locations in Dayton, including major thoroughfares and "target enforcement areas" —districts characterized by problems of traffic and crime. Upon arrival at a checkpoint...

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