State v. Shindler
Decision Date | 10 August 1994 |
Docket Number | No. 93-1546,93-1546 |
Citation | 70 Ohio St.3d 54,636 N.E.2d 319 |
Parties | The STATE of Ohio, Appellant, v. SHINDLER, Appellee. |
Court | Ohio Supreme Court |
SYLLABUS BY THE COURT
In order to require a hearing on a motion to suppress evidence, the accused must state the motion's legal and factual bases with sufficient particularity to place the prosecutor and the court on notice of the issues to be decided. (Crim.R. 47 and Xenia v. Wallace [1988], 37 Ohio St.3d 216, 524 N.E.2d 889, construed and followed.)
On May 17, 1992, defendant-appellee, Jeanne Shindler, was arrested and charged with operating a vehicle while under the influence of alcohol in violation of R.C. 4511.19(A)(1), operating a vehicle with a prohibited alcohol concentration in violation of R.C. 4511.19(A)(3) and speeding in violation of R.C. 4511.21. Appellee timely filed a motion to suppress evidence obtained from a warrantless seizure, including test results of appellee's coordination, sobriety and alcohol or drug level, observations and opinions of the police officer who stopped and arrested appellee regarding her sobriety and alcohol or drug level, and any statements made by the appellee.
Appellee's motion to suppress evidence was brought on the following grounds:
In a memorandum in support of her motion, appellee further alleged that
On June 11, 1992, the trial court overruled appellee's motion to suppress without a hearing, concluding that appellee's "shotgun," "boilerplate" motion failed to set forth a factual basis to justify an evidentiary hearing. Subsequently, appellee filed a motion to reconsider on June 17, 1992, which the trial court denied on June 18, 1992 on the same grounds.
On July 30, 1992, a trial was conducted, during which the results of appellee's Breathalyzer test were admitted into evidence. Appellee was found guilty of driving while under the influence in violation of R.C. 4511.19(A)(1), driving with a prohibited alcohol concentration in violation of R.C. 4511.19(A)(3), and speeding in violation of R.C. 4511.21.
From those convictions, appellee timely appealed to the Court of Appeals for Wood County. The court of appeals reversed appellee's convictions, holding that appellee was entitled to a hearing on her motion to suppress evidence. The court reasoned that appellee's motion gave the prosecutor and the court sufficient notice of the basis of her challenge because appellee's motion to suppress specifically cited the statutes, regulations and constitutional rights she alleged were violated.
Finding its judgment to be in conflict with the decision of the Third District Court of Appeals in State v. Hensley (1992), 75 Ohio App.3d 822, 600 N.E.2d 849, the court of appeals certified the record of the case to the court for review and final determination.
Mark D. Tolles, Bowling Green, for appellant.
William V. Stephenson, Wood County Public Defender, for appellee.
Rittgers & Mengle, Charles H. Rittgers and W. Andrew Hasselbach, Lebanon, urging affirmance on behalf of amicus curiae, OH Ass'n of Criminal Defense Lawyers.
The issue presented for our review is to what extent a motion to suppress evidence must set forth its legal and factual bases in order to require a hearing.
Crim.R. 47 provides:
In Xenia v. Wallace (1988), 37 Ohio St.3d 216, 524 N.E.2d 889, this court held, at paragraphs one and two of the syllabus:
We further noted that Crim.R. 47 "requires that the prosecution be given notice of the specific legal and factual grounds upon which the validity of the search and seizure is challenged." Id. at 219, 524 N.E.2d at 892.
Appellee's first claim for suppressing the evidence was that the arresting state trooper had no cause for an investigative stop and/or no probable cause to arrest. In her memorandum in support, appellee cited legal authority and set forth a factual basis for challenging the investigative stop and the arrest. Specifically, appellee claimed that the trooper based his arrest on Shindler's minor speeding violation and her moderate odor of alcohol. Appellee claims that these factors, standing alone, do not amount to probable cause to arrest for driving under the influence of alcohol. Thus, appellee's memorandum sufficiently puts the prosecution on notice of the basis of the challenge to the stop and arrest. We conclude that as to the issue of the grounds for the investigative stop and subsequent arrest, appellee's motion to suppress complied with Crim.R. 47 and entitled her to a pretrial hearing.
The next seven grounds listed in appellee's motion to suppress challenge the admission of Shindler's breathalyzer test results into evidence. We recognize that appellee's motion to suppress is a virtual copy of the sample motion to suppress that appears in Ohio Driving...
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