The trial court erred in sua sponte raising a length of detention issue that the state did not get to respond to. State v. Miller, 2015-Ohio-3529, 2015 Ohio App. LEXIS 3443 (3d Dist. August 31, 2015):
[*P32] We hold that the trial court abused its discretion in sua sponte raising and considering the duration of Tyson’s detention during the traffic stop because the State was not adequately notified that the duration of Tyson’s detention was an issue to be decided at the suppression hearing. In her motion to suppress, Tyson argued that Trooper Beynon did not have a reasonable articulable suspicion to stop Miller, and she argued, without citation to the record or authority, that the canine sniff was not in accordance with Ohio State Highway Patrol policy. Since this case involves the same facts as Miller’s case, the trial court scheduled the hearing on Tyson’s motion to suppress at the same time as the hearing on Miller’s motion to suppress. As such, the State responded to Tyson’s and Miller’s motions to suppress in the same response brief.
Same: State v. Tyson, 2015-Ohio-3530, 2015 Ohio App. LEXIS 3446 (3d Dist. August 31, 2015)