STATE v. PATTERSON

C.A. Case No. 23395.

2009 Ohio 4946

State of Ohio, Plaintiff-Appellant, v. Kelly R. Patterson, Defendant-Appellee,

Court of Appeals of Ohio, Montgomery County.

Rendered on September 18, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Pros. Attorney; Johnna M. Shia, Asst. Pros. Attorney, Atty. Reg. No.0067685, P.O. Box 972, Dayton, OH 45422, Attorneys for Plaintiff-Appellant.

Lauren Clouse, Atty. Reg. No. 0084083, 20 S. Main Street, Springboro, OH 45066, Defendant-Appellee.


OPINION

GRADY, J.

{¶ 1} This is an appeal brought by the State pursuant to R.C. 2945.67 and Crim.R. 12(K), from a judgment of the trial court that granted Defendant Kelly Patterson's Crim.R. 12(C)(3) motion to suppress evidence.

{¶ 2} Detective David House is a twelve year veteran of the Dayton Police Department's narcotics unit. On December 11, 2008 at 5:55 p.m., Detective House was patrolling the 2100 block of...

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