product of the constitutional violation (Oregon) · Go Syfert
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product of the constitutional violation in Oregon

10 Oregon opinions name it 2 courts 2013–2025 4 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 (3)

CaseFollowedCited
State v. Sargentgreen
or · 1996 · cited in 3 Oregon opinions naming this issue, 2014–2020
2 sentences

2014See State v. Sargent, 323 Or 455, 462-63 , 918 P2d 819 (1996) (suppression of evidence required only when the evidence is a product of the constitutional violation); State v. Williamson, 307 Or 621, 626 , 772 P2d 404 (1989) (search not valid when consent is “obtained under the pressure of police action that became available to police only by the prior unauthorized conduct”).

2014See State v. Sargent, 323 Or 455, 462-63 , 918 P2d 819 (1996) (suppression of evidence required only when the evidence is a product of the constitutional violation); State v. Williamson, 307 Or 621, 626 , 772 P2d 404 (1989) (search not valid when consent is “obtained under the pressure of police action that became available to police only by the prior unauthorized conduct”).

23
State v. Smithgreen
or · 1998 · cited in 1 Oregon opinions naming this issue, 2020–2020
2 sentences

2020Id. at 80 ; State v. Sargent, 323 Or 455, 462-63 , 918 P2d 819 (1996); see also State v. Smith, 327 Or 366, 379 , 963 P2d 642 (1998) (stating that “it is sufficient 4 Given the state’s concession, we assume for purposes of this decision that the trial court’s ruling regarding the initial seizure was correct, but we express no opinion as to that issue.

2020Id. at 80 ; State v. Sargent, 323 Or 455, 462-63 , 918 P2d 819 (1996); see also State v. Smith, 327 Or 366, 379 , 963 P2d 642 (1998) (stating that “it is sufficient 4 Given the state’s concession, we assume for purposes of this decision that the trial court’s ruling regarding the initial seizure was correct, but we express no opinion as to that issue.

11
State v. Holcombgreen
orctapp · 2007 · cited in 1 Oregon opinions naming this issue, 2013–2013
1 sentence

2013Or Const, Art VII (Amended), § 3 (“If the supreme court shall be of opinion, after consideration of all the matters thus submitted, that the judgment of the court appealed from was such as should have been rendered in the case, such judgment shall be affirmed, notwithstanding any error committed during the trial[.]”); see Holcomb, 213 Or App at 182-83 (analyzing whether erroneous admission of the defendant’s statements required reversal of the defendant’s convictions, even in the absence of any party arguments regarding harmlessness).

11

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 (7)

CaseCitedYears
State v. Turay green
or · 2023
2 sentences

2024As discussed later, we remand to the trial court “for the development of a factual record, and for the trial court to make findings, regarding the standard” articulated by the Supreme Court in Turay: “[T]he unlawful search categories establish that all the challenged evidence is presumptively a product of the constitutional violation as to particularity, but * * * defen- dant is not entitled to suppression if the state can prove that the challenged evidence was untainted by that violation.” Id. at 169-70 .

2024The Turay court “held for the first time that * * * unlawful search categories establish that all the challenged evidence is presumptively a product of the constitutional violation as to particularity, but that [a] defendant is not entitled to suppression if the state can prove that the challenged evidence was untainted by that violation.” Id. at 169 .

42024–2025
State v. Williamson green
or · 1989
2 sentences

2014See State v. Sargent, 323 Or 455, 462-63 , 918 P2d 819 (1996) (suppression of evidence required only when the evidence is a product of the constitutional violation); State v. Williamson, 307 Or 621, 626 , 772 P2d 404 (1989) (search not valid when consent is “obtained under the pressure of police action that became available to police only by the prior unauthorized conduct”).

2014See State v. Sargent, 323 Or 455, 462-63 , 918 P2d 819 (1996) (suppression of evidence required only when the evidence is a product of the constitutional violation); State v. Williamson, 307 Or 621, 626 , 772 P2d 404 (1989) (search not valid when consent is “obtained under the pressure of police action that became available to police only by the prior unauthorized conduct”).

22014–2014
State v. Unger green
or · 2014
1 sentence

2020Id. at 80 ; State v. Sargent, 323 Or 455, 462-63 , 918 P2d 819 (1996); see also State v. Smith, 327 Or 366, 379 , 963 P2d 642 (1998) (stating that “it is sufficient 4 Given the state’s concession, we assume for purposes of this decision that the trial court’s ruling regarding the initial seizure was correct, but we express no opinion as to that issue.

12020–2020
State v. Hensley green
orctapp · 2016
2 sentences

2018"If a defendant is interrogated in violation of his right to counsel under Article I, section 11, any evidence discovered as a result-including evidence of other crimes-must be suppressed unless the state demonstrates that the evidence was not the product of the constitutional violation." Hensley , 281 Or.

2018App. at 534 , 383 P.3d 333 ; Savinskiy , 286 Or.

12018–2018
State v. Savinskiy neutral
orctapp · 2017
1 sentence

2018App. at 534 , 383 P.3d 333 ; Savinskiy , 286 Or.

12018–2018
State v. Staunton green
orctapp · 1986
2 sentences

2016State v. Beltran-Solas, 277 Or App 665, 669 , 372 P3d 577 (2016) (citing State v. Staunton, 79 Or App 332, 339 , 718 P2d 1379 (1986)).

2016State v. Beltran-Solas, 277 Or App 665, 669 , 372 P3d 577 (2016) (citing State v. Staunton, 79 Or App 332, 339 , 718 P2d 1379 (1986)).

12016–2016
State v. Beltran-Solas green
orctapp · 2016
2 sentences

2016State v. Beltran-Solas, 277 Or App 665, 669 , 372 P3d 577 (2016) (citing State v. Staunton, 79 Or App 332, 339 , 718 P2d 1379 (1986)).

2016State v. Beltran-Solas, 277 Or App 665, 669 , 372 P3d 577 (2016) (citing State v. Staunton, 79 Or App 332, 339 , 718 P2d 1379 (1986)).

12016–2016

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 163.670 (4) OR § Or. Rev. Stat. § 133.693 (3)

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.

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