State v. Wilhelm, 81 Ohio St. 3d 444

State v. Wilhelm

81 Ohio St. 3d 444

Ohio

1998

Check Treatment

THE STATE OF OHIO, APPELLANT, v. WILHELM, APPELLEE.

No. 97-1054

Supreme Court of Ohio

April 22, 1998

81 Ohio St.3d 444 | 1998-Ohio-613

[This opinion has been published in Ohio Official Reports at 81 Ohio St.3d 444.]

Criminal law—Where police officer stops vehicle based on probable cause that traffic violation has occurred, the stop is not unreasonable under the Fourth Amendment to the United States Constitution.

(No. 97-1054—Submitted March 4, 1998—Decided April 22, 1998.)

APPEAL from the Court of Appeals for Butler County, No. CA96-12-272.

John F. Holcomb, Butler County Prosecuting Attorney, Daniel G. Eichel and Jeffrey P. Giuliano, Assistant Prosecuting Attorneys, for appellant.

Fred Miller, for appellee.

{¶ 1} The judgment of the court of appeals is reversed on the authority of Dayton v. Erickson (1996), 76 Ohio St.3d 3, 665 N.E.2d 1091.

MOYER, C.J., DOUGLAS, RESNICK, F.E. SWEENEY, COOK and LUNDBERG STRATTON, JJ., concur.

PFEIFER, J., dissents and would affirm the judgment of the court of appeals for the reasons stated in his dissenting opinion in Dayton v. Erickson (1996), 76 Ohio St.3d 3, 12-13, 665 N.E.2d 1091, 1098.