STATE v. BABER

No. 97973.

2012 Ohio 3467

STATE OF OHIO, PLAINTIFF-APPELLANT, v. ERIC BABER, DEFENDANT-APPELLEE.

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

Released and Journalized: August 2, 2012.


Attorney(s) appearing for the Case

William D. Mason , Cuyahoga County Prosecutor, By: T. Allan Regas , Assistant County Prosecutor, The Justice Center, 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

Mark DeFranco , Mark A. DeFranco Law Offices, 55 Public Square, Suite 1600, Cleveland, Ohio 44113, Attorney for Appellee.

BEFORE: E. Gallagher, J., Blackmon, A.J., and Kilbane, J.


JOURNAL ENTRY AND OPINION

EILEEN A. GALLAGHER, J.

{¶1} The state of Ohio appeals the decision of the trial court, granting Eric Baber's motion to suppress evidence that was seized and the statements made in violation of Miranda v. Arizona. In particular, the state argues the trial court erred in suppressing the evidence because Baber ran from the arresting officer, giving the officer reasonable suspicion to search Baber and that...

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