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State of Ohio v. Deborah J. Randhan

September 28, 2011

STATE OF OHIO APPELLANT
v.
DEBORAH J. RANDHAN APPELLEE



APPEAL FROM JUDGMENT ENTERED IN THE STOW MUNICIPAL COURT COUNTY OF SUMMIT, OHIO CASE No. 2010 TRC 9568

The opinion of the court was delivered by: Carr, Presiding Judge.

Cite as State v. Randhan,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Appellant, the City of Cuyahoga Falls, appeals the judgment of the Stow Municipal Court. This Court reverses.

I.

{¶2} This case emanates out of a traffic stop which occurred on October 18, 2010, in Cuyahoga Falls, Ohio. The defendant-appellant, Deborah Randhan, was cited by Cuyahoga Falls police with one count of operating a vehicle under the influence and one count of operating a vehicle with a prohibited blood alcohol concentration. Randhan was arraigned at the Stow Municipal Court on October 25, 2010, at which time she pleaded not guilty to both charges.

{¶3} On November 15, 2010, Randhan filed a motion to suppress evidence stemming from the traffic stop of her vehicle. On December 21, 2010, the trial court held a hearing on the motion. On January 6, 2011, the trial court issued its judgment entry and concluded that there was not reasonable suspicion to justify the stop of Randhan's vehicle.

{¶4} On January 10, 2011, the City of Cuyahoga Falls filed a notice of appeal. On appeal, the City raises two assignments of error. As both assignments of error challenge the trial court's decision to grant Randhan's motion to suppress, we consolidate those assignments of error to facilitate review.

II. ASSIGNMENT OF ERROR I

"THE TRIAL COURT ERRED IN GRANTING MS. RANDHAN'S MOTION TO SUPPRESS AS THE POLICE OFFICER STOPPED MS. RANDHAN'S VEHICLE AFTER WITNESSING A TRAFFIC VIOLATION."

ASSIGNMENT OF ERROR II

"THE TRIAL COURT ERRED IN GRANTING MS. RANDHAN'S MOTION TO SUPPRESS AS THE POLICE OFFICER WAS JUSTIFIED IN PERFORMING AN INVESTIGATORY STOP ON THE VEHICLE BASED ON THE TOTALITY OF THE CIRCUMSTANCES."

{ΒΆ5} In its first assignment of error, the City argues that the stop of the vehicle was lawful because Officer Schmidt observed a traffic violation. In the second assignment of error, the City contends that Officer Schmidt was justified in performing an ...


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