1998 OHIO 613 - State v. Wilhelm

[This opinion has been published in Ohio Official Reports at

81 Ohio St.3d 444

.]




            THE STATE OF OHIO, APPELLANT, v. WILHELM, APPELLEE.
                     [Cite as State v. Wilhelm,

1998-Ohio-613

.]
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

.
                                  __________________