Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
STATE of Oregon, Respondent, v. Ricky Douglas SPECHT, Appellant.
Defendant appeals his conviction for failure to report as a sex offender, ORS 162.155, and assigns as error the trial court's denial of his motion to suppress. On appeal, defendant's sole contention is that he was stopped without reasonable suspicion when a police officer informed defendant that he could arrest defendant for criminal trespass but would only give defendant a warning and then asked for defendant's identification, which led to defendant's arrest. However, our review of the record indicates that defendant did not raise that contention below. Before the trial court, defendant contended that the police officer stopped him by parking the police car behind defendant in a manner that impeded him from leaving and by retaining his identification. Defendant did not contend that the police officer stopped him by telling him that he could be arrested for trespass but would only give him a warning. Defendant did not preserve the contention that he makes on appeal. See State v. Hall, 166 Or.App. 348, 356, 999 P.2d 509 (2000) (“defendant's motion to suppress must reasonably apprise the court and the state of the arguments and authorities relied upon”); see generally State v. Wyatt, 331 Or. 335, 15 P.3d 22 (2000) (courts are obligated to consider preservation sua sponte and may not resolve issues that are not preserved).
Affirmed.
PER CURIAM.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: 00CR1403; A112627.
Decided: July 16, 2003
Court: Court of Appeals of Oregon.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)