STATE v. BROWN

No. 2002-0242.

99 Ohio St.3d 323 (2003)

2003-Ohio-3931

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

Supreme Court of Ohio.

Decided August 6, 2003.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Andrew T. French, Assistant Prosecuting Attorney, for appellant.

Arvin S. Miller, Montgomery County Assistant Public Defender, for appellee.

Jim Petro, Attorney General, David M. Gormley and Kristina L. Erlewine, Assistant Attorneys General, urging reversal for amicus curiae Ohio Attorney General.


ALICE ROBIE RESNICK, J.

{¶ 1} The parties do not dispute the underlying facts of this case. On April 10, 2001, Detective Gregory Gaier, while working undercover as a narcotics detective with the Dayton Police Department, was driving west in an unmarked car on Stewart Street when he noticed the defendant-appellee, Dali Jacques Brown, dressed in a bright yellow shirt, walking east on the sidewalk of Stewart Street. When Detective Gaier and appellee...

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