State v. Brown

{¶ 1} The State of Ohio appeals, pursuant to R.C. 2945.67(A) and Crim.R. 12(K), from the trial court's decision and judgment entry sustaining defendant-appellee Toby Brown's motion to suppress evidence.

{¶ 2} In its sole assignment of error, the State contends the trial court erred in holding that police officers unlawfully ordered Brown out of his vehicle after smelling burnt marijuana in his car at a sobriety checkpoint.

{¶ 3} The facts underlying the present appeal are derived from the suppression-hearing testimony of three police officers, the only witnesses at the hearing. Based on their…