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OH7: Motion to suppress that overalleged every conceivable ground was properly denied without a hearing

By John Wesley Hall, Jr.

A general motion to suppress that itemized every possible failure of the officer in an OVI case was insufficient to put the state on notice as to what the issue was and was properly denied. State v. Kale, 2009 Ohio 6530, 2009 Ohio App. LEXIS 5454 (7th Dist. December 9, 2009).* [*P18] Appellant employed the "throw-everything-at-the-wall-and-see-what-ticks" approach to his motion. The prosecution asserted at the hearing, without objection or denial by appellant's counsel, that appellant's counsel has used this identical boilerplate motion in at least two other cases. (Oct. 31, Tr. 8). If in fact counsel uses the identical motion in other OVI cases, then there is no way that he is alleging facts specific to the circumstances at hand. A motion to suppress must "be more than a mere fishing expedition...continue to full post

Full post as published by Fourth Amendment on December 17, 2009 (boomark / email).