OR: State can’t rely on standing on appeal if it doesn’t raise it at suppression hearing

The state could not rely on lack of standing to support admission of the product of the search where it did not raise it at the suppression hearing. State v. Jepson, 2012 Ore. App. LEXIS 1525 (December 19, 2012).*

Defendant was on probation and in custody, and his consent was not coerced even though there were several police officers around. He’d been on probation with this PO before, and he knew that he was subject to home inspection searches as a condition. State v. Brock, 254 Ore. App. 273, 295 P.3d 89 (2012).*

Because “‘[A]ny person of ordinary intelligence, who had a reasonable opportunity to observe a vehicle in motion and judge its speed may testify as to his estimation of the speed of that vehicle.’ State v. Barnhill, …”, the officer’s testimony, if credited, is enough for a stop. Here, the officer testified defendant was speeding, going in the opposite direction, speed observed for four seconds. State v. Royster, 737 S.E.2d 400 (N.C. App. 2012).*