State v. Franklin

Gorman, Judge.

The state of Ohio appeals the trial court’s order granting the motion to suppress a handgun seized from the defendant-appellee, William Franklin. The state’s assignment of error challenges the exclusion of the evidence on grounds that the handgun was recovered while Franklin fled during a lawful investigatory stop which did not violate the Fourth Amendment. We have sua sponte removed this appeal from our accelerated calendar. For the reasons that follow, we hold that the trial court correctly suppressed evidence which was a fruit of unreasonable search and an unlawful arrest.…