Opinion
Case No. 3:05-po-108.
March 3, 2006
DECISION AND ORDER OVERRULING IN PART DEFENDANT'S MOTION TO SUPPRESS
This case is before the Court on Defendant's Motion to Suppress (Doc. No. 17).
Those portions of the Motion seeking to suppress the results of any tests administered to Defendant because the results are not scientifically reliable or because the tests did not conform to the regulations of the Ohio Department of Health and/or are not in compliance with the Ohio Rules of Evidence are denied. Motions to suppress in federal court are reserved for challenges to the constitutionality of the admission of evidence. Questions as to scientific reliability should be raised by a motion in limine and this ruling is without prejudice to any such motion. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 125 L. Ed. 2d 469, 113 S. Ct. 2786 (1993). There is no obligation that evidence introduced in federal court be procured by regulations adopted by the Ohio Department of Health. The Ohio Rules of Evidence are irrelevant to these proceedings. Sibbach v. Wilson, 312 U.S. 1, 61 S. Ct. 422, 85 L. Ed. 479 (1940).
The remaining portions of the Motion await the Government's response.