DAYTON, Ohio — A judge has thrown out evidence against a man arrested on gun charges in an order saying police “staged” their justification for the traffic stop and made remarks that suggest “racial profiling.”

The Dayton Daily News ( ) reports a Montgomery County judge granted a motion to suppress evidence from the traffic stop, including a loaded firearm. Prosecutors filed notice Monday they will appeal the order.

Thirty-four-year-old Calvin Wilson is charged with counts including improper handling of a firearm in a motor vehicle. The police report says officers found marijuana, cash and a gun in the car.

Court records say the officers pulled Wilson over in October after he allegedly cut them off.

Wilson’s attorney didn’t immediately return a call seeking comment.

Dayton police officials say they’re reviewing the arrest.