State v. Starcovic, 2007-P-0081 (6-6-2008)

OPINION

{¶ 1} Appellant, Joseph M. Starcovic ("Mr. Starcovic"), appeals from the judgment of the Portage County Municipal Court, Ravenna Division, overruling his motion to suppress evidence. For the reasons that follow, we reverse and remand.

{¶ 2} Statement of Facts and Procedural History

{¶ 3} On Saturday, August 26, 2006, at approximately 9:00 a.m., Officer Joseph Smolik ("Officer Smolik") of the city of Streetsboro police department observed a commercial vehicle, a dump truck, traveling westbound on State Route 303. Because the rear license plate appeared to be covered with black tar and…