State v. Becker, Unpublished Decision (9-26-2001)
State v. Becker, Unpublished Decision (9-26-2001)
Opinion of the Court
OPINION
Defendant-appellant Stacey L. Becker ("Becker") brings this appeal from the judgment of the Auglaize County Municipal Court denying Becker's motion to suppress.On December 16, 2000, a patrolman with the St. Mary's Police Department observed Becker's vehicle drive through marked parking spaces on Spring Street. The patrolman then stopped Becker and cited her for driving under the influence of alcohol while underage. On December 21, 2000, Becker filed a motion to suppress. A hearing was held on the motion on March 28, 2001. On April 2, 2001, the trial court entered judgment overruling the motion. It is from this judgment that Becker appeals.
Becker raises the following assignment of error.
The trial court committed error when it failed to sustain Becker's motion to suppress and found that the stop was lawful.
The review of a motion to suppress involves a mixed question of law and fact. State v. Norman (1999),
"It is well settled that before stopping a vehicle, a law enforcement officer must have reasonable suspicion, based on specific and articulable facts that an occupant is or has been engaged in criminal activity. Id. at 52-53,
The judgment of the Municipal Court of Auglaize County is affirmed.
WALTERS, P.J. and SHAW, J., concur.
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