Minor mistakes by police can completely change a case. Many people do not realize that a seemingly minor procedural error by law enforcement, such as failing to file a search warrant correctly before executing it, can lead to the suppression of critical evidence. Even evidence that seems overwhelmingly incriminating may be suppressed if obtained through a violation of search and seizure laws.
Overview of Motions to Suppress in Ohio
- Motions to Suppress under Ohio Law
- How Motions to Suppress are Evaluated
- Appeals Process for Suppression Rulings
- Practical Tips for Documenting Police Misconduct
- How Suppression Rules Apply to New Technology
- Frequently Asked Questions
- Additional Resources
- Hire a Criminal Defense Attorney in Hamilton County, OH
Motions to Suppress under Ohio Law
Motions to suppress are grounded in the Fourth Amendment to the U.S. Constitution, which protects individuals from unreasonable searches and seizures, and the 14th Amendment, which guards against the deprivation of life, liberty or property without due process. Ohio Revised Code (R.C.) 4513.05(A), the statute that governs traffic violations including when and how police can stop and search your vehicle, covers most suppression motions in traffic cases.
The court considers improperly obtained evidence “poisoned,” hence why evidence obtained through illegal search and seizure is known as “fruit of the poisoned tree.” During the motion to suppress, the defending attorney will seek to convince the court that the evidence was obtained illegally, effectively “poisoning” the prosecution’s case.
Court motions are predominantly upheld or overturned by what is known as precedent, or previous cases on the same subject. Precedent cuts both ways, as seen below.
In State v. Demus, 192 Ohio App. 3d 181, 2011-Ohio-124, where a burned-out license plate light was the pretext for a traffic stop. The court upheld the search despite the officer referencing an incorrect statute, as there was a valid underlying violation. In other words, what the officer did was legally correct, even if it was for the wrong reason.
Another significant case is State v. Yates, 166 Ohio App. 3d 19, 2006-Ohio-1424. Here, a defendant’s attorney failed to file a written motion to suppress, which resulted in ineffective assistance of counsel when oral arguments on suppression were rejected.
In State v. Peterson, 173 Ohio App. 3d 575, 2007-Ohio-5667, warrantless searches were deemed per se unreasonable unless they fit established exceptions. The ruling clarified that prosecutors bear the burden of proving an exemption.
How Motions to Suppress are Evaluated
Judges evaluate suppression motions based on the “totality of circumstances,” focusing on specific elements such as:
- Probable cause: Whether law enforcement had a reasonable basis to believe a crime was being committed. This usually requires digital evidence of wrongdoing (turning without using a signal, failing to stop at a stop sign, etc), though the court has upheld officer testimony as fact.
- Voluntariness of consent: If the defendant consented to a search, the court determines whether the consent was given freely and without coercion. Many officers make it seem as though citizens have no choice in the matter – however, in many cases it is perfectly legal to not consent to the search. You should never volunteer information when speaking to the police.
- Warrant validity: The sufficiency of affidavits supporting search warrants and compliance with procedural requirements, as examined in State v. Young, 146 Ohio App. 3d 245 (2001).
Through aggressive cross-examination of the officer, it may be possible to ascertain that the officer did not see any type of criminal activity and that he or she pulled you over on a “hunch”. The Ohio courts have been quick to hold that an officer’s hunch is not enough to justify the stop of a motor vehicle.
In addition, any chemical test (breath, blood or urine) test may be challenged as not in compliance with the Ohio Department of Health Guidelines or the Ohio Administrative Code guidelines.
How Motions to Suppress Differ from Other Legal Motions
A motion to suppress is unique compared to other legal motions because it specifically challenges the way evidence was obtained by law enforcement. Unlike a motion to dismiss, which argues that the case should not proceed, or a motion for discovery, which seeks access to evidence, a motion to suppress focuses on protecting constitutional rights. For example, if police conducted a search without a valid warrant or exceeded the scope of a warrant, a motion to suppress asks the court to exclude any evidence collected in violation of the Fourth Amendment.
What Happens If a Motion to Suppress Is Granted?
When a motion to suppress is granted, the excluded evidence cannot be used against the defendant in court. This often leads to significant changes in the prosecution’s case. For example, if key evidence like drugs, weapons, or incriminating statements is suppressed, the prosecution may have no choice but to drop charges or offer a reduced plea. However, not all suppressed evidence results in dismissal. If other evidence remains, the case may proceed, but the defendant’s chances of a favorable outcome improve significantly. Knowing these potential outcomes helps defendants understand the stakes of filing a suppression motion.
Impact of Suppression on Plea Bargains
A successful motion to suppress can significantly affect plea negotiations. When evidence is suppressed, the prosecution may lose its strongest proof of guilt, which can weaken its position and increase the likelihood of offering a favorable plea deal. For example, in an OVI case, suppressing field sobriety test results or breathalyzer evidence might force the prosecution to reduce charges or agree to a less severe sentence.
Appeals Process for Suppression Rulings
If a motion to suppress is denied, the defendant has the right to appeal the decision. Appeals must be filed within specific time limits set by Ohio law. Appellate courts review suppression rulings de novo, meaning they do not defer to the trial court’s interpretation of the law. However, appellate courts often uphold the trial court’s findings unless there is clear evidence of error.
Practical Tips for Documenting Police Misconduct
Immediately after an encounter, you should write down details such as the time, location, and actions of the officers. If possible, preserve any video evidence from smartphones, dash cams, or surveillance cameras. If you can, obtaining witness statements can also support claims your claim of unlawful search or seizure, especially if the two testimonies do not match up.
How Suppression Rules Apply to New Technology
Emerging technologies like GPS tracking, facial recognition, and smart devices raise new questions about search and seizure laws. For example, courts have ruled that police generally need a warrant to access historical cell phone location data (Carpenter v. United States, 138 S. Ct. 2206). In Ohio, motions to suppress can challenge the use of such data if obtained without proper authorization.
Frequently Asked Questions
What is a motion to suppress?
A motion to suppress asks the court to exclude evidence obtained unlawfully by law enforcement.
When should a motion to suppress be filed?
It must be filed before trial, usually within the timeframe specified by the Ohio Rules of Criminal Procedure.
What happens during a suppression hearing?
At the hearing, both sides present evidence and arguments about whether the challenged evidence was obtained legally.
Can suppressed evidence still be used in court?
Suppressed evidence is generally inadmissible, but there are exceptions, such as impeachment of a defendant’s credibility.
What if a motion to suppress is denied?
You can proceed to trial, negotiate a plea, or file an appeal challenging the denial.
Can a motion to suppress end the criminal case?
Yes, if critical evidence is suppressed and the prosecution lacks enough evidence to continue, the case may be dismissed.
Does a motion to suppress apply to digital evidence?
Yes, it can challenge how digital evidence, such as cell phone data, was obtained.
Who has the burden of proof in a suppression hearing?
The prosecution must prove that the evidence was obtained lawfully.
Can illegally obtained evidence affect sentencing?
Typically, suppressed evidence cannot be used at sentencing, but this may depend on the specific circumstances of the case.
Does an individual need a lawyer for a motion to suppress?
While not legally required, an experienced lawyer is helps identify targets for suppression motions, and presents a strong argument in court. Lawyers also carry more weight than the average citizen in the eyes of the court.
Additional Resources
- Search And Seizure Suppression Motions and Hearings – This source, from the Office of the Ohio Public Defender, provides case summaries and legal insights about motions to suppress evidence in Ohio. It includes discussions of key Ohio cases related to search and seizure laws, providing readers with an overview of how courts address Fourth Amendment issues and procedural requirements.
- Motion To Suppress Checklist – Fourth Amendment Grounds in OVI Cases – This document, prepared by Ohio judges, outlines the procedural and legal standards for motions to suppress evidence in OVI cases. It includes a checklist to guide attorneys and judges in evaluating claims of unlawful searches and seizures during traffic stops, investigations, and arrests under Fourth Amendment principles.
- Examples Of Motions to Suppress – This resource, provided by the Office of the Ohio Public Defender, lists examples of different types of motions to suppress. It includes templates and descriptions for motions challenging unlawful statements, warrantless arrests, and illegal searches of residences, helping attorneys prepare similar motions in their cases.
Hire an Criminal Defense Attorney in Hamilton County, OH
Whether the charge is a minor misdemeanor traffic offense or a felony of the 1st degree, we will aggressively advocate for you. Mark Wieczorek is available 24/7 and is committed to providing the best criminal defense counsel and customer service available.
The Wieczorek Law Firm serves Hamilton County, including the major Cincinnati metropolitan area. Call (513) 317-5987 today for a free consultation, or fill out our online contact form.