State v. McCallum, 08ca0037-M (3-30-2009)

DECISION AND JOURNAL ENTRY

{¶ 1} Defendant-Appellant, Kara McCallum, appeals from the judgment of the Medina County Court of Common Pleas, which denied her motions to suppress and admitted certain evidence over McCallum's objection. This Court affirms in part and reverses in part.

I

{¶ 2} At approximately 4:30 a.m. on August 1, 2007, Deputy Jason Seiberling observed a silver Chevy Cavalier weaving in and out of lanes of traffic and crossing over the fog lines on State Route 42. The vehicle failed to respond when Deputy Seiberling activated the lights on his police cruiser, so Deputy Seiberling…