State v. Rhude

Walsh, Judge.

Plaintiff-appellant, the state of Ohio (“state”), appeals from a decision of the Warren County Court of Common Pleas granting the oral motion to suppress evidence filed by defendant-appellee, Bryan Rhude (“appellee”). 1

The record reveals that on November 8, 1992, at approximately 1:30 a.m., Warren County Sheriffs Deputy Dan Wallace observed appellee drive his motor vehicle down a lane, later determined to lead to his own residence, turn around, and drive back out onto the road. Wallace then observed appellee drive slowly down the road a distance of approximately .2 miles and pull…