OH9: For appellate court to consider trial testimony on motion to suppress, motion to reopen or reconsider required

To get the appellate court to consider trial testimony to supplement the motion to suppress, it’s necessary to renew the motion in the trial court after that point. Otherwise, the appeal proceeds on what was developed at the suppression hearing. State v. Jackson, 2015-Ohio-5246, 2015 Ohio App. LEXIS 5066 (9th Dist. Dec. 16, 2015). [See § 60.54, and note that some courts will consider the trial testimony simply to affirm a motion to suppress to show why it’s harmless error.]

A traffic stop for window tinting doesn’t become stale during the stop just because the officer didn’t act on the violation immediately. Instead, the officer smelled marijuana, too, and that occupied his attention. State v. Cole, 2015-Ohio-5295, 2015 Ohio App. LEXIS 5130 (2d Dist. Dec. 18, 2015).

Defendant was subjected to a Terry stop but he was not “in custody” for Miranda purposes. A passerby reported to park rangers that an apparent minor was performing oral sex on defendant at a campsite, and when he made a strange answer to a question, reasonable suspicion began to develop. United States v. Partin, 2015 U.S. App. LEXIS 21818 (11th Cir. Dec. 16, 2015).* [He was asked about her and oral sex, and he said “I can’t get her to do that.”]