STATE v. CONLEY

No. 91865.

2009 Ohio 3460

State of Ohio, Plaintiff-Appellee, v. Dwayne Conley, Defendant-Appellant.

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

RELEASED: July 16, 2009.


Attorney(s) appearing for the Case

John T. Castele, 1310 Rockefeller Building, 614 West Superior Avenue, Cleveland, Ohio 44113, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Paul Shipp, T. Allan Regas, Assistant Prosecuting Attorneys, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Rocco, P.J., Dyke, J., and Celebrezze, J.


JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, P.J.

{¶ 1} Defendant-appellant, Dwayne Conley, appeals from a common pleas court order denying his motion to suppress evidence seized during a search of his person. We agree with appellant that the officer's seizure of a crack pipe from his pocket was not based on probable cause. The officer's observation that appellant repeatedly put his hand in his pocket may have created a reasonable suspicion...

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