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STATE v. HALL

No. 2004-CA-115.

163 Ohio App.3d 90 (2005)

2005-Ohio-4271

The STATE of Ohio, Appellant, v. HALL, Appellee.

Court of Appeals of Ohio, Fifth District, Licking County.

Decided August 17, 2005.

Attorney(s) appearing for the Case

Jonathan C. Diernabch, Assistant Law Director, for appellant.

Richard Piatt, for appellee.

Diane Richards Brey, State Deputy Solicitor, for amicus curiae Ohio Attorney General.

GWIN, Presiding Judge.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals from the Licking County Municipal Court's granting of defendant-appellee's, Delbert Hall's, motion to suppress. The following facts give rise to this appeal.

{¶ 2} In the early morning of April 16, 2004, Officer Mark Emde of the Heath Police Department was on patrol in the city of Heath. Shortly before midnight, he observed a vehicle driving erratically...

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