State v. Lautzenheiser

Evans, Judge.

This is an appeal from the judgment of the Van Wert Municipal Court granting appellee Clinton Lautzenheiser’s motion to dismiss.

Lautzenheiser was stopped in the early morning of November 12, 1989 by Van Wert Police Officer Timothy Blackmore. Blackmore believed Lautzen-heiser and the other occupants of the motor vehicle might have been responsible for placing ten to twelve garbage bags of leaves across a residential street. Upon approaching Lautzenheiser, Blackmore detected the odor of alcoholic beverage and noted that by his physical appearance Lautzenheiser appeared to be under…