State v. Osborne, Unpublished Decision (9-26-2002)

DECISION AND JUDGMENT ENTRY

{¶ 1} Paul Osborne appeals the judgment of the Athens County Municipal Court finding him guilty of tandem axle overload, a violation of R.C. 5577.04(B)(2). Osborne claims that the trial court erred when it denied his motion to suppress since Trooper Mendenhall did not have a reasonable articulable suspicion to justify a stop of his truck. He argues the trooper only had observed enough facts to allow him to "guess" that the truck was overloaded. Therefore, he contends that the court should have suppressed evidence of the weight of the truck. The state points out that…