Crim.R. 12(C)(3) Interpretation

Pursuant to Crim.R. 12(C)(3), a motion to suppress evidence on the ground that it was illegally obtained must be raised before trial. Crim.R. 12(H) provides that a defendant's failure "to raise defenses or objections or make requests that must be made prior to trial, at the time set by the court shall constitute waiver of the defenses or objections, but the court for good cause shown may grant relief from the waiver." Additionally, Crim.R. 47 provides that a motion: shall state with particularity the grounds upon which it is made and shall set forth the relief or order sought. It shall be supported by a memorandum containing citations of authority, and may also be supported by an affidavit." Thus, pursuant to the rule, a defendant bears the initial burden of providing the state with adequate notice of grounds for challenging the admissibility of evidence he seeks to suppress. See City of Xenia v. Wallace (1988), 37 Ohio St.3d 216, 218-219, 524 N.E.2d 889 (finding that while the burden of demonstrating the evidence was not illegally obtained falls upon the prosecution, "the prosecutor cannot be expected to anticipate the specific legal and factual grounds upon which the defendant challenges the legality of the evidence.").