Oregon v. Bailey
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Police officers unlawfully detained defendant when he was a passenger in a car. During that detention, the officers ascertained defendant’s identity, ran a warrant check, and discovered defendant was the subject of an outstanding arrest warrant. The officers arrested defendant and, during a search incident to arrest, discovered that he was in possession of illegal drugs. Based on that evidence, the state prosecuted defendant for various drug offenses. Defendant moved to suppress the evidence under the state and federal exclusionary rules, which, subject to certain exceptions (including the attenuation exception) prohibit the state from using at trial evidence that was obtained as a result of an unreasonable search or
seizure. The circuit court and the Court of Appeals rejected defendant’s arguments and applied a per se rule to the attenuation analysis: The discovery and execution of a valid arrest warrant necessarily break the connection between preceding unlawful police conduct and a search incident to the arrest. The Court of Appeals drew that rule from this court’s decision in "Oregon v. Dempster," (434 P2d 746 (1967)). Upon review of the matter, the Oregon Supreme Court concluded that Dempster’s per se rule was inconsistent with the subsequent development of the Fourth Amendment attenuation exception set out in "Brown v. Illinois," (422 US 590 (1975)), where the United States Supreme Court rejected such an approach. Applying those factors in this case, the Oregon Court concluded that the circuit court erred in denying defendant’s motion to suppress.
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