State v. Jarnigan, 22682 (4-3-2009)

OPINION

{¶ 1} Kristi Jo Jarnigan was indicted for tampering with evidence, a third-degree felony, and possession of crack cocaine, a fifth-degree felony. After the trial court overruled her motion to suppress evidence, Jarnigan pleaded no contest to tampering with evidence and the State dismissed the possession count. The trial court found Jarnigan guilty of tampering with evidence and sentenced her to community control sanctions.

{¶ 2} Jarnigan's assignment of error asserts that Dayton Police Detectives Gaier and Myers lacked legal justification to approach a parked car occupied by Jarnigan…