State v. Mitchell

The single issue presented by this appeal is whether a Municipal Court, while conducting a preliminary hearing in a felony case, may entertain and grant a motion to suppress evidence as illegally obtained. The Court of Appeals held that such a motion was proper. We reverse.

Crim. R. 12(B)(3) provides:

“Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion. The following must be raised before trial:

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“(3) Motions to suppress evidence, including but not limited to statements and identification…