OH2: Motion to suppress was vague and def didn’t clarify at hearing; appeal argument waived

The motion to suppress was vague, and defendant got a hearing. When the prosecutor complained about the vagueness and what the issues were, defense counsel didn’t elaborate. On appeal, the issues were more focused. The court of appeals takes this as a waiver for failing to give the trial court a chance to decide. State v. Davis, 2017-Ohio-5613, 2017 Ohio App. LEXIS 2701 (2d Dist. June 30, 2017).

Defendant was stopped for driving over 80 in a 55, and he smelled of alcohol. Defendant couldn’t do the FST without difficulty so there was probable cause for his arrest. State v. Nastick, 2017-Ohio-5626, 2017 Ohio App. LEXIS 2679 (9th Dist. June 30, 2017).*

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