State v. Hall

Gwin, Presiding Judge.

{¶ 1} Plaintiff-appellant, the state of Ohio, appeals from the Licking County Municipal Court’s granting of defendant-appellee’s, Delbert Hall’s, motion to suppress. The following facts give rise to this appeal.

{¶ 2} In the early morning of April 16, 2004, Officer Mark Emde of the Heath Police Department was on patrol in the city of Heath. Shortly before midnight, he observed a vehicle driving erratically on State Route 79. The officer saw the vehicle weave within its lane several times and cross the berm and the centerline a few times. As the vehicle approached the…