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STATE v. DAVIS

C.A. No. 22775.

2009 Ohio 2538

State of Ohio, Plaintiff-Appellee, v. Gerry D. Davis, Defendant-Appellant.

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

Rendered on May 29, 2009.

Attorney(s) appearing for the Case

Johnna M. Shia, Atty. Reg. No. 0067685, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Anthony S. Vannoy, Atty. Reg. No. 0067052, One First National Plaza, Suite 1600, 130 W. Second Street, Dayton, Ohio 45402, Attorney for Defendant-Appellant.

OPINION

FROELICH, J.

{¶ 1} Gerry D. Davis was found guilty in the Montgomery County Court of Common Pleas of possession of crack cocaine after the trial court overruled his motion to suppress evidence. He appeals from his conviction.

{¶ 2} We find that the trial court erred in overruling Davis' motion to suppress. Sheriff's deputies, acting on an unverified tip from an unknown source, lacked...

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