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STATE v. CLACK

C.A. No. 23715.

2010 Ohio 5747

State of Ohio, Plaintiff-Appellee, v. Alvin Clack, Jr., Defendant-Appellant.

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

Rendered on November 24, 2010.

Attorney(s) appearing for the Case

Laura M. Woodruff , Atty. Reg. No. 0084161, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Adam James Stout , Atty. Reg. No. 0080334, 2533 Far Hills Avenue, Dayton, Ohio 45419, Attorney for Defendant-Appellant.

OPINION

CANNON, J. (by assignment).

{¶ 1} Appellant, Alvin Clack, Jr., appeals the judgment of the Montgomery County Court of Common Pleas denying his motion to suppress evidence. For the reasons stated herein, this court reverses and remands the judgment of the trial court.

{¶ 2} At approximately 3:44 a.m., Officer Scott Fitzgerald, a 17-year veteran with the Miami Township Police Department...

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