Ohio § 2933.63

§ 2933.63.

(A) Any aggrieved person in any trial, hearing, or proceeding in or before any court,

department, officer, agency, regulatory body, or other authority of this state or

of a political subdivision of this state, other than a grand jury, may request the

involved court, department, officer, agency, body, or authority, by motion, to suppress

the contents, or evidence derived from the contents, of a wire, oral, or electronic

communication intercepted pursuant to sections 2933.51 to 2933.66 of the Revised Code for any of the following reasons: (1) The communication was unlawfully intercepted. (2) The interception warrant under which the communication was intercepted is insufficient

on its face. (3) The interception was not made in conformity with the interception warrant or an oral

order for an interception granted under section 2933.57 of the Revised Code . (4) The communications are of a privileged character and a special need for their interception

is not shown or is inadequate as shown. (B) Any motion filed pursuant to division (A) of this section shall be made before the

trial, hearing, or proceeding at which the contents, or evidence derived from the

contents, is to be used, unless there was no opportunity to make the motion or the

aggrieved person was not aware of the intercepted communications or the grounds of

the motion.  Upon the filing of the motion by the aggrieved person, the judge or other officer

conducting the trial, hearing, or proceeding may make available to the aggrieved person

or the person's counsel for inspection any portions of the intercepted communication

or evidence derived from the intercepted communication as the judge or other officer

determines to be in the interest of justice.  If the judge or other officer grants the motion to suppress evidence pursuant to

this section, the contents, or the evidence derived from the contents, of the intercepted

wire, oral, or electronic communications shall be treated as having been obtained

in violation of the law, and the contents and evidence derived from the contents shall

not be received in evidence in any trial, hearing, or proceeding. (C) In addition to any other right to appeal, the state shall have an appeal as of right

from an order granting a motion to suppress the contents, or evidence derived from

the contents, of a wire, oral, or electronic communication that was intercepted pursuant

to an interception warrant or an oral order for an interception granted under section 2933.57 of the Revised Code , or the denial of an application for an interception warrant, if the state's representative

certifies to the judge or other official who granted the motion or denied the application

that the appeal is not taken for purposes of delay.  Any appeal shall be taken within thirty days after the date the order was entered

and shall be diligently prosecuted.