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OH2: General motion to suppress search fails

By John Wesley Hall, Jr.

Defendant’s motion to suppress was too general to advise the state of the grounds defendant was raising, so the motion was ineffective. State v. Whitt, 2010 Ohio 5291, 2010 Ohio App. LEXIS 4438 (2d Dist. October 29, 2010): [*P40] Based on the wording of Whitt's motion to suppress and the accompanying memorandum, including the cases to which he cited to support [his argument part] II, we agree with the State that the motion to suppress failed to inform the State that Whitt was challenging his warrantless arrest for the reasons stated in Jones. Accordingly, Whitt has waived any challenge based on the officer's failure to obtain an arrest warrant. The police responded to a domestic disturbance, and the officer was permitted in and out of the house by both...continue to full post

Full post as published by Fourth Amendment on November 03, 2010 (boomark / email).