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STATE v. GULLEY

No. 22944.

181 Ohio App.3d 117 (2009)

2009-Ohio-692

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

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

Decided February 13, 2009.

Attorney(s) appearing for the Case

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and Johnna M. Shia, Assistant Prosecuting Attorney, for appellant.

Brian D. Weaver, Public Defender, for appellee.

FAIN, Judge.

{¶ 1} May a police officer briefly detain one of two pedestrians to inquire about the circumstances of his companion, who is staggering and venturing from time to time out onto the traveled portion of a roadway, for the purpose of determining whether, and how best, to provide assistance to the apparently impaired pedestrian? This is a close question. We answer it in the affirmative.

I

{¶ 2} The facts...

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