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16 Oregon opinions name it 2 courts 2014–2025 6 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.
| Case | Followed | Cited |
|---|---|---|
State v. Ungergreen2 sentences2015The state may rebut that presumption by proving that “the consent was independent of, or only tenuously related to, the illegal police conduct.” Unger, 356 Or at 84 (adhering to that requirement as stated in State v. Hall, 339 Or 7, 25, 35 , 115 P3d 908 (2005)). 2015The state may rebut that presumption by establishing that the disputed evidence “‘did not derive from the preceding illegality.’” Id. (quoting State v. Hall, 339 Or 7, 25 , 115 P3d 908 (2005), holding modified by Unger, 356 Or at 84 ). | 3 | 4 |
State v. Hallgreen2 sentences2015The state may rebut that presumption by proving that “the consent was independent of, or only tenuously related to, the illegal police conduct.” Unger, 356 Or at 84 (adhering to that requirement as stated in State v. Hall, 339 Or 7, 25, 35 , 115 P3d 908 (2005)). 2015The state may rebut that presumption by proving that “the consent was independent of, or only tenuously related to, the illegal police conduct.” Unger, 356 Or at 84 (adhering to that requirement as stated in State v. Hall, 339 Or 7, 25, 35 , 115 P3d 908 (2005)). | 1 | 8 |
State v. Benninggreen2 sentences2021The state may rebut that presumption by proving that the unlawful conduct was “independent of, or only tenuously related to the disputed evidence.” Benning, 273 Or App at 194 (internal quotation marks omitted). 2015“The state may rebut that presumption by proving, as relevant here, that the police did not exploit the unlawful police conduct to obtain the challenged evidence— that is, that the unlawful police conduct was ‘independent of, or only tenuously related to’ the disputed evidence.” State v. Benning, 273 Or App 183, 191 , 359 P3d 357 (2015) (citing State v. Hall, 339 Or 7, 27 , 115 P3d 908 (2005)). | 1 | 4 |
State v. Mockgreen2 sentences2023See State v. Mock, 310 Or App 454, 468 , 485 P3d 295 (2021) (explaining that the state may rebut the presumption that evidence must be suppressed “by proving that the unlawful conduct was independent of, or only ten- uously related to the disputed evidence” (internal citation and quotes omitted)). 2023See State v. Mock, 310 Or App 454, 468 , 485 P3d 295 (2021) (explaining that the state may rebut the presumption that evidence must be suppressed “by proving that the unlawful conduct was independent of, or only ten- uously related to the disputed evidence” (internal citation and quotes omitted)). | 1 | 1 |
State v. Lenarzgreen1 sentence2014Id. at 425, 22 A3d at 542. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Voigt v. State
neutral
2 sentences2025The state has the burden of rebutting that presumption: “The state may rebut that presumption by proving, as rele- vant here, that the police did not exploit the unlawful police conduct to obtain the challenged evidence—that is, that the unlawful police conduct was independent of, or only tenu- ously related to the disputed evidence.” State v. Riley, 288 Or App 264 , 271, 406 P3d 81 (2017), rev den, 362 Or 861 (2018) (internal quotation marks omitted). 2025“The state must therefore prove that the violation of defendant’s rights had such a tenuous factual link to the disputed evidence that the unlawful police conduct cannot be properly viewed as the source of that evidence.” Id. (internal quotation marks omitted). | 1 | 2025–2025 |
State v. Miller
green
2 sentences2022State v. Miller, 267 Or App 382, 398 , 340 P3d 740 (2014). 2022State v. Miller, 267 Or App 382, 398 , 340 P3d 740 (2014). | 1 | 2022–2022 |
State v. Jones
green
1 sentence2021“However, the state may rebut that presumption by proving attenuation—that is, that the violation of [the] defendant’s rights had such a tenuous factual link to the disputed evidence that the unlawful police conduct can- not be properly viewed as the source of that evidence.” Id. (internal quotation marks omitted). | 1 | 2021–2021 |
State v. Paulson
green
2 sentences2016Although warrantless searches are presumptively unconstitutional, the state may rebut that presumption and avoid the suppression of evidence obtained through a warrantless search by proving that the search was not “unreasonable.” State v. Paulson, 313 Or 346, 351 , 833 P2d 1278 (1992). 2016Although warrantless searches are presumptively unconstitutional, the state may rebut that presumption and avoid the suppression of evidence obtained through a warrantless search by proving that the search was not “unreasonable.” State v. Paulson, 313 Or 346, 351 , 833 P2d 1278 (1992). | 1 | 2016–2016 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.