Fourth Amendment attenuation exception (Oregon) · Go Syfert
← Oregon issues

Fourth Amendment attenuation exception in Oregon

5 Oregon opinions name it 2 courts 2014–2015 0 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Brown v. Illinoisgreen
scotus · 1975 · cited in 4 Oregon opinions naming this issue, 2014–2015
2 sentences

2015However, after the trial court granted defendant’s motion to suppress in this case, the Oregon Supreme Court disavowed its holding in Dempster , stating that “Dempster’s per se rule is inconsistent with the subsequent development of the Fourth Amendment attenuation exception set out in Brown v. Illinois, 422 US 590 , 95 S Ct 2254 , 45 L Ed 2d 416 (1975), where the United States Supreme Court rejected such an approach.” State v. Bailey, 356 Or 486, 488 , 338 P3d 702 (2014).

2015However, after the trial court granted defendant’s motion to suppress in this case, the Oregon Supreme Court disavowed its holding in Dempster , stating that “Dempster’s per se rule is inconsistent with the subsequent development of the Fourth Amendment attenuation exception set out in Brown v. Illinois, 422 US 590 , 95 S Ct 2254 , 45 L Ed 2d 416 (1975), where the United States Supreme Court rejected such an approach.” State v. Bailey, 356 Or 486, 488 , 338 P3d 702 (2014).

14

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Bailey green
or · 2014
2 sentences

2015However, after the trial court granted defendant’s motion to suppress in this case, the Oregon Supreme Court disavowed its holding in Dempster , stating that “Dempster’s per se rule is inconsistent with the subsequent development of the Fourth Amendment attenuation exception set out in Brown v. Illinois, 422 US 590 , 95 S Ct 2254 , 45 L Ed 2d 416 (1975), where the United States Supreme Court rejected such an approach.” State v. Bailey, 356 Or 486, 488 , 338 P3d 702 (2014).

2015However, after the trial court granted defendant’s motion to suppress in this case, the Oregon Supreme Court disavowed its holding in Dempster , stating that “Dempster’s per se rule is inconsistent with the subsequent development of the Fourth Amendment attenuation exception set out in Brown v. Illinois, 422 US 590 , 95 S Ct 2254 , 45 L Ed 2d 416 (1975), where the United States Supreme Court rejected such an approach.” State v. Bailey, 356 Or 486, 488 , 338 P3d 702 (2014).

22015–2015
State v. Mitchell green
orctapp · 2015
2 sentences

2015State v. Mitchell, 273 Or App 207 , 215 n 3, 360 P3d 525 (2015) (concluding that the trial court did not err in denying the defendant’s motion to suppress under the Fourth Amendment attenuation test set forth in Bailey, and recognizing that the result under Article I, section 9, “would almost certainly” be the same).

2015State v. Mitchell, 273 Or App 207 , 215 n 3, 360 P3d 525 (2015) (concluding that the trial court did not err in denying the defendant’s motion to suppress under the Fourth Amendment attenuation test set forth in Bailey, and recognizing that the result under Article I, section 9, “would almost certainly” be the same).

12015–2015

← Caselaw search · G Cite Topics · Brief Check