OH10: Hearsay for basis for arrest admissible; confrontation clause inapplicable

Hearsay is admissible to show the basis for an arrest at a suppression hearing. The confrontation clause does not apply to suppression hearings. State v. McKenzie, 2011 Ohio 5851, 2011 Ohio App. LEXIS 4776 (10th Dist. November 10, 2011):

[*P8] Appellant also argues under this assignment of error that the trial court erred when it did not allow him to confront Worthington and Porter at the suppression hearing regarding what prompted their suspicion of illegal activity that promoted the stop of appellant, in violation of the Confrontation Clause of the Sixth Amendment to the United States Constitution, which states that “[i]n all criminal prosecutions, the accused shall enjoy the right * * * to be confronted with the witnesses against him.” We disagree with appellant’s contention. The United States Supreme Court has repeatedly distinguished between the scope of a defendant’s right to confrontation in trial and pretrial proceedings. See Pennsylvania v. Ritchie (1987), 480 U.S. 39, 54, 107 S.Ct. 989, 999, 94 L. Ed. 2d 40; State v. Williams (1994), 97 Ohio App.3d 289, 291, 646 N.E.2d 836. The right to confrontation, which includes the right to physically face and cross-examine witnesses, is not a constitutionally compelled rule of pretrial proceedings. See Ritchie at 52-53, 107 S.Ct. at 998-99; see also Raddatz at 679, 100 S.Ct. at 2414; Williams at 291; State v. Saunders, 2d Dist. No. 22621, 2009 Ohio 1273, ¶13 (no denial of right to confrontation at suppression hearing when police officer testified as to the statement of a witness). Thus, appellant’s right to confrontation was not violated when Worthington and Porter did not testify at the suppression hearing. For the foregoing reasons, the trial court did not err when it denied appellant’s motion to suppress, and appellant’s assignment of error is overruled.