{"id":33379,"date":"2018-06-10T06:44:40","date_gmt":"2018-06-10T11:44:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33379"},"modified":"2018-06-10T06:44:40","modified_gmt":"2018-06-10T11:44:40","slug":"oh2-trial-court-cant-add-an-issue-to-a-suppression-hearing-without-notice-to-parties","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=33379","title":{"rendered":"OH2: Trial court can&#8217;t add an issue to a suppression hearing without notice to parties"},"content":{"rendered":"<p>\u201c[T]he State contends that the trial court improperly expanded the scope of Day&#8217;s motion to suppress to include the issue of whether the manner\/location of Day&#8217;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. &#8230; However, if on remand the trial court finds there was probable cause to arrest Day, the State&#8217;s claim that it did not receive notice of the issue concerning the manner\/location of Day&#8217;s arrest would be irrelevant &#8230;.\u201d <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2018\/2018-Ohio-2217.pdf\">State v. Day<\/a>, 2018-Ohio-2217, 2018 Ohio App. LEXIS 2403 (2d Dist. June 8, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201c[T]he State contends that the trial court improperly expanded the scope of Day&#8217;s motion to suppress to include the issue of whether the manner\/location of Day&#8217;s arrest was lawful and then based its decision on that issue. We have held &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=33379\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[111],"tags":[],"class_list":["post-33379","post","type-post","status-publish","format-standard","hentry","category-suppression-hearings"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33379","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=33379"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33379\/revisions"}],"predecessor-version":[{"id":33380,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33379\/revisions\/33380"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33379"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}