State v. Stratton

The state of Ohio appeals the judgment of the Erie County Court of Common Pleas dismissing the indictment against defendant on the grounds that jeopardy had previously attached.

On April 5, 1981, defendant was observed asleep in the front seat of his automobile by an Erie County Sheriffs deputy. The lights of defendant’s car were on and the radio was playing. The officer opened the car door and attempted to awaken the defendant. While doing so, the officer observed in plain view three separate containers of substances which he had reason to believe were illegal drugs. The items were seized and…