{"id":54816,"date":"2023-05-02T13:04:26","date_gmt":"2023-05-02T18:04:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54816"},"modified":"2023-05-02T14:05:17","modified_gmt":"2023-05-02T19:05:17","slug":"oh3-defs-motion-to-determine-legality-of-arrest-never-sought-to-suppress-anything-and-wasnt-appealable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54816","title":{"rendered":"OH3: Def&#8217;s motion to determine legality of arrest never sought to suppress anything and wasn&#8217;t appealable"},"content":{"rendered":"\n<p>Defendant\u2019s motion to determine the legality of his arrest was not even called a motion to suppress. It was not even appealable as it was framed. \u201c[T]he motion filed by Sanchez on October 28, 2020, was not captioned a \u2018motion to suppress\u2019 and, more importantly, the motion did not challenge the lawfulness of Sanchez&#8217;s arrest on constitutional grounds, nor did the motion seek the exclusion of any evidence. For those reasons, we cannot construe that motion as a suppression motion from which an appeal could be taken following the no contest plea in this case.\u201d <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/3\/2023\/2023-Ohio-1436.pdf\">State v. Sanchez<\/a>, 2023-Ohio-1436, 2023 Ohio App. LEXIS 1431 (3d Dist. May 1, 2023).<\/p>\n\n\n\n<p>Defendant showed a material question of fact for a hearing on his motion to suppress. Remanded. United States v. Brown, 2023 U.S. App. LEXIS 10529 (3d Cir. May 1, 2023).*<\/p>\n\n\n\n<p>Based on the totality of circumstances, the experience of the parole officer and his knowledge of defendant\u2019s criminal history with weapons and potential violence along with defendant\u2019s distancing himself from a backpack justified its parole search. United States v. Gaston, 2023 U.S. Dist. LEXIS 75025 (N.D. Iowa Apr. 6, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s motion to determine the legality of his arrest was not even called a motion to suppress. It was not even appealable as it was framed. \u201c[T]he motion filed by Sanchez on October 28, 2020, was not captioned a \u2018motion &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54816\">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":[104,6,58,111],"tags":[],"class_list":["post-54816","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-motion-to-suppress","category-probationparole-search","category-suppression-hearings"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54816","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=54816"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54816\/revisions"}],"predecessor-version":[{"id":54819,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54816\/revisions\/54819"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54816"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54816"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54816"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}