State v. Swartz, 2008 Ca 31 (2-27-2009)

OPINION

{¶ 1} Plaintiff-appellant State of Ohio appeals a decision of the Miami County Court of Common Pleas which sustained the motion to suppress of defendant-appellee Robert W. Swartz filed on April 16, 2007. A hearing was held on said motion on May 22, 2007, and on October 3, 2008, the trial court issued a written decision sustaining the motion. For the following reasons the judgment of the trial court will be affirmed.

I

{¶ 2} While on patrol at approximately 2 a.m. on August 19, 2006, Troy Police Officer Jesse Canan observed a black Ford Explorer complete a left turn without signaling.…