OH2: Trial court can’t add an issue to a suppression hearing without notice to parties

“[T]he State contends that the trial court improperly expanded the scope of Day’s motion to suppress to include the issue of whether the manner/location of Day’s arrest was lawful and then based its decision on that issue. We have held that it is erroneous for a trial court to interject a new issue and base its decision to suppress evidence on that issue without giving the State the opportunity to present evidence on the issue. … However, if on remand the trial court finds there was probable cause to arrest Day, the State’s claim that it did not receive notice of the issue concerning the manner/location of Day’s arrest would be irrelevant ….” State v. Day, 2018-Ohio-2217, 2018 Ohio App. LEXIS 2403 (2d Dist. June 8, 2018).

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