State v. Riley

Plaintiff-appellant, the state of Ohio, appeals the dismissal of drug abuse charges against defendant-appellee, Danny Riley.

On November 17, 1989, an Ohio State Highway Patrolman stopped appellee's vehicle and conducted a search of appellee's person which produced two vials. At that time, appel-lee was charged with DUI, possession of marijuana, and failing to drive within marked lanes.

On November 22, 1989, appellant performed a lab analysis of the items confiscated from appellee. The prosecuting attorney neither notified appellee that the test was to be conducted nor informed him that a sample…