OR: Motion to suppress statement does not include suppression of evidence derived from it; have to be explicit

The motion to suppress the statement here did not include a motion to suppress psychical evidence derived from it. “Here, the particular record of this case demonstrates that defendant did not raise the issue regarding the evidence in the backpack that he now urges us to decide in a clear enough way to preserve it. First, in his written motion, defendant asked only that the trial court suppress a specific category of statements made by defendant: ‘all statements made by the defendant in response to police questions while he was under compelling circumstances but was not given his Miranda warnings.’ That written motion did not alert the trial court that defendant sought to suppress any physical evidence. [¶] Defendant’s arguments at the hearing did not remedy the deficiency in his written motion. …” State v. Anderson-Brown, 277 Ore. App. 214, 2016 Ore. App. LEXIS 372 (March 30, 2016).*

Defendant’s IAC claim based on failure to pursue a search issue was not briefed on appeal so it’s waived. State v. Cox, 2016 Tenn. Crim. App. LEXIS 240 (March 31, 2016).

In the post immediately above: United States v. Thomas, 2016 U.S. App. LEXIS 5972 (11th Cir. April 1, 2016):

Additionally, Thomas appears to argue, in a single sentence unsupported by any citations, that Olausen’s consent was invalid because it was not informed. Thomas asserts that Olausen was unaware when she consented to a search of the computers that the police would use a forensic tool to reach back into the Internet browser history. Thomas’s one conclusory sentence, however, is insufficient to raise the issue of knowing consent by Olausen. See United States v. Jernigan, 341 F.3d 1273, 1283 n.8 (11th Cir. 2003) (“[A] party seeking to raise a claim or issue on appeal must plainly and prominently so indicate …. At the very least, he must devote a discrete, substantial portion of his argumentation to that issue.”). We also note that Thomas did not raise this argument below.