VILLAGE OF KIRTLAND HILLS v. RINKES

Nos. 2010-L-078, 2010-L-079

2011 Ohio 2713

VILLAGE OF KIRTLAND HILLS, Plaintiff-Appellant, v. HOWARD J. RINKES, Defendant-Appellee.

Court of Appeals of Ohio, Eleventh District, Lake County.

June 3, 2011.


Attorney(s) appearing for the Case

Joseph P. Szeman , Village of Kirtland Hills Prosecutor, 100 Society National Bank Building, 77 North St. Clair Street, Painesville, OH 44077 (For Plaintiff-Appellant).

Jerri Mitchell-Tharp and Ralph C. Buss , Law Offices of Ralph C. Buss, 168 East High Street, P.O. Box 705, Painesville, OH 44077 (For Defendant-Appellee).


OPINION

CYNTHIA WESTCOTT RICE, J.

{¶1} Appellant, the village of Kirtland Hills, appeals from the judgment entered by the Willoughby Municipal Court granting the motion to suppress evidence filed by appellee, Howard J. Rinkes. At issue is whether the arresting officer possessed probable cause, or at least reasonable suspicion, to initiate the traffic stop which led to appellee's ultimate arrest for operating a vehicle while intoxicated...

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