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STATE v. BROWN

No. 21546.

170 Ohio App.3d 235 (2007)

2007-Ohio-179

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

Court of Appeals of Ohio, Second District, Montgomery County.

Decided January 19, 2007.

Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Jon C. Marshall, Assistant Prosecuting Attorney, for appellant.

Charles W. Slicer III, for appellee.

GRADY, Judge.

{¶ 1} The state appeals from the trial court's March 14, 2006 order sustaining the defendant's motion to dismiss.

{¶ 2} On March 26, 2005, the defendant was arrested by Officer William Garlow of the Vandalia Police Department on a charge of operating a vehicle while under the influence of alcohol ("OVI"). The defendant was transported to the county jail, where Officer Garlow performed a pat-down search of the...

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