City of Cleveland v. Fulton

Boyle, M.J., Judge.

{¶ 1} Defendant-appellant, Antonio Fulton, appeals from a judgment of the Cleveland Municipal Court denying his motion for return of property and granting the city’s petition for forfeiture. For the following reasons, we reverse and remand.

{¶2} On April 18, 2007, the city of Cleveland charged Fulton with using weapons while intoxicated, failing to secure dangerous ordnance, and endangering children. Fulton entered a plea of not guilty to the charges, and the case proceeded to a bench trial.

{¶ 3} Two Cleveland police officers testified at trial that when they approached…