City of Dayton v. Dabney

Frederick N. Young, Judge.

The city of Dayton (“the city”), appellant, is appealing from the granting of a motion to suppress filed by Curtis D. Dabney, appellee, pursuant to Crim.R. 12(J), which allows for an appeal by the prosecution upon certification that it is not taken for purpose of delay and that the granting of the motion to suppress the evidence in the case has rendered the prosecution’s proof with respect to the pending charge so weak in its entirety that any reasonable possibility of effective prosecution has been destroyed.

The sole issue on appeal is whether the trial court…