STATE v. SUMLIN

Appellate No. 23144.

2009 Ohio 2185

State of Ohio, Plaintiff-Appellant, v. Gary L. Sumlin, Defendant-Appellee.

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

Rendered on May 8, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by R. Lynn Nothstine, Atty. Reg. #0061560, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.

Marshall G. Lachman, Atty. Reg. #0076791, 75 North Pioneer Boulevard, Springboro, Ohio 45066, Attorney for Defendant-Appellee.


OPINION

FAIN, J.

{¶ 1} Plaintiff-appellant the State of Ohio appeals from an order of the trial court suppressing evidence upon the ground that it was obtained as the result of an unlawful stop, search and seizure. The State contends that there was reasonable, articulable suspicion justifying the stop. We disagree. Accordingly, the suppression order is Affirmed.

II

{¶ 2} One evening in early September...

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