State v. Perez-Diaz, 06ca0130 (6-6-2008)

OPINION

{¶ 1} As a result of engaging in sexual activity with his girlfriend's eleven year old sister, Defendant was indicted on one count of rape, R.C. 2907.02(A)(1)(b), and two counts of gross sexual imposition, R.C. 2907.05(A)(4). Defendant filed a motion to suppress incriminating statements he made during a phone call with the victim's sister which police recorded.

Defendant argued that without a warrant the interception of that phone call by police violated Ohio's wiretapping statute, R.C. 2933.52. Following a hearing, the trial court overruled Defendant's motion to suppress his statements…