Unger test (Oregon) · Go Syfert
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Unger test in Oregon

12 Oregon opinions name it 2 courts 2014–2025 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 (4)

CaseFollowedCited
State v. Benninggreen
orctapp · 2015 · cited in 2 Oregon opinions naming this issue, 2024–2024
2 sentences

2024State v. Unger, 356 Or 59, 85-86 , 333 P3d 1009 (2014); see also State v. Benning, 273 Or App 183, 194 , 359 P3d 357 (2015) (summarizing the Unger test as a determination of whether “the violation of [the] 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”).

2024State v. Unger, 356 Or 59, 85-86 , 333 P3d 1009 (2014); see also State v. Benning, 273 Or App 183, 194 , 359 P3d 357 (2015) (summarizing the Unger test as a determination of whether “the violation of [the] 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”).

22
State v. Jonesgreen
orctapp · 2015 · cited in 2 Oregon opinions naming this issue, 2017–2025
2 sentences

2025But, as noted, the purpose of the Unger factors is ultimately to identify whether “police exploited or took advantage of or traded on their unlawful conduct to obtain the challenged evidence.” Jones, 275 Or App at 778 - 79 (internal quotation marks omitted).

2025But, as noted, the purpose of the Unger factors is ultimately to identify whether “police exploited or took advantage of or traded on their unlawful conduct to obtain the challenged evidence.” Jones, 275 Or App at 778 - 79 (internal quotation marks omitted).

12
State v. Kuschnickgreen
orctapp · 2015 · cited in 1 Oregon opinions naming this issue, 2015–2015
2 sentences

2015See also State v. Kuschnick, 269 Or App 198, 210 , 344 P3d 480 (2015) (summarizing the Unger factors).

2015See also State v. Kuschnick, 269 Or App 198, 210 , 344 P3d 480 (2015) (summarizing the Unger factors).

11
Outdoor Media Dimensions Inc. v. Stategreen
or · 2001 · cited in 1 Oregon opinions naming this issue, 2015–2015
2 sentences

2015See, e.g., Outdoor Media Dimensions Inc. v. State of Oregon, 331 Or 634, 659-60 , 20 P3d 180 (2001) (stating that an appellate court can consider an alternative basis for affirmance only if (1) the evidentiary record is sufficient to support it, (2) the trial court’s ruling is consistent with the view of the evidence under the alternative basis, and (3) the record is materially the same as the one that would have developed had the prevailing party raised the alternative basis below).

2015See, e.g., Outdoor Media Dimensions Inc. v. State of Oregon, 331 Or 634, 659-60 , 20 P3d 180 (2001) (stating that an appellate court can consider an alternative basis for affirmance only if (1) the evidentiary record is sufficient to support it, (2) the trial court’s ruling is consistent with the view of the evidence under the alternative basis, and (3) the record is materially the same as the one that would have developed had the prevailing party raised the alternative basis below).

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 (2)

CaseCitedYears
State v. Unger green
or · 2014
2 sentences

2024State v. Unger, 356 Or 59, 85-86 , 333 P3d 1009 (2014); see also State v. Benning, 273 Or App 183, 194 , 359 P3d 357 (2015) (summarizing the Unger test as a determination of whether “the violation of [the] 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”).

2024State v. Unger, 356 Or 59, 85-86 , 333 P3d 1009 (2014); see also State v. Benning, 273 Or App 183, 194 , 359 P3d 357 (2015) (summarizing the Unger test as a determination of whether “the violation of [the] 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”).

42015–2024
State v. Lorenzo green
or · 2014
2 sentences

2014Id. at 143 .

2014Id. at 143 .

42014–2014

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 475.894 (5)

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.

Where else courts name it

OH 32 (1994–2026) OR 12 (2014–2025) MD 3 (2015–2019) CA 2 (1982–2013)

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.

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