State v. Perkins

Frderick N. Young, Judge.

The state of Ohio is appealing from a decision by the Montgomery County Court of Common Pleas sustaining David Perkins, Jr.’s motion to suppress.

The undisputed and pertinent facts of the case are fully set forth in the trial court’s decision as follows:

“On September 2, 2000, Dayton Police Officer Stephen Bergman and his partner Officer Gavin Larremore were in uniform and in a marked cruiser driving eastbound on McCall Street, a high drug area, at 1:50 a.m. Through his rearview mirror, Bergman observed a car being driven by the Defendant Perkin [sic] come within two…