City of Cleveland v. Stephens

Harper, Judge.

Defendant-appellant, Joshua Stephens, appeals from his conviction for drug loitering following the entering of a nolo contendere plea in the Cleveland Municipal Court. Appellant submits that the ordinance under which he was convicted, Section 607.19 of the Cleveland Codified Ordinances, is unconstitutionally vague and overly broad. He, therefore, argues that the trial court erred in denying his motion to dismiss as the ordinance violates the Fourth Amendment to the United States Constitution. We find merit in appellant’s argument, and conclude that the complaint issued by…