STATE v. HENDERSON

No. 91757.

2009 Ohio 1795

State of Ohio, Plaintiff-Appellant, v. Gilbert Henderson, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: April 16, 2009.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, By: Richard A.F. Mendelsohn, Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellant.

Richard Agopian, The Hilliard Building, 1415 West Ninth Street, 2nd Floor, Cleveland, OH 44113, Attorney for Appellee.

Before: Stewart, J., Rocco, P.J., and Boyle, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, J.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals the decision of the Cuyahoga County Court of Common Pleas that granted defendant-appellee, Gilbert Henderson's, motion to suppress. The state contends that the search of Henderson's pants pocket that resulted in the seizure of drugs was conducted within the parameters of a Terry1 search. Therefore, the...

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