State v. Henderson

Citations

• 2026 Ohio 380

Syllabus

PROCEDURE/CRIMINAL — CRIM.R. 47 — MOTION TO SUPPRESS — ABUSE OF DISCRETION — NOTICE — FOURTH AMENDMENT: Where defendant's supplemental motion to suppress focused almost exclusively on the stop of a vehicle and did not allege that the search of that vehicle had been conducted without a warrant, and where the State's bill of particulars had alleged that defendant had admitted to possessing contraband prior to the search, defendant's supplemental motion to suppress failed to provide the State with adequate notice that defendant challenged the allegedly unconstitutional search and so did not adequately raise that issue under Crim.R. 47. Where defendant's supplemental motion to suppress failed to provide the State with adequate prehearing notice of defendant's challenge to the warrantless search, and where the State, in reliance on its understanding of the motion's scope, offered no witnesses to testify about the search's legality, and where the State was given no opportunity to call those necessary officers as witnesses after it learned that defendant sought to challenge the search, the trial court abused its discretion in granting defendant's motion to suppress on the ground that the State had not met its burden to justify the warrantless search.