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STATE v. FUNK

No. 07CA3005.

177 Ohio App.3d 814 (2008)

2008-Ohio-4086

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

Court of Appeals of Ohio, Fourth District, Ross County.

Decided August 7, 2008.

Attorney(s) appearing for the Case

Toni L. Eddy, Chillicothe Law Director, and Michele R. Rout, Assistant Chillicothe Law Director, for appellee.

Timothy Young, State Public Defender, and Jessica S. McDonald, Assistant State Public Defender, for appellant.

KLINE, Judge.

{¶ 1} Gregory A. Funk appeals the judgment of the Chillicothe Municipal Court, overruling his motion to suppress the results of a chemical test of his urine, which was taken to determine the alcohol content in his body. On appeal, Funk contends that the trial court erred when it overruled his motion to suppress by finding that the Fourth Amendment is not implicated because Funk abandoned his urine during his hospitalization when hospital...

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