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STATE v. SHOTWELL

537 P.2d 588 (1975)

STATE of Oregon, Respondent, v. Gordon Vance SHOTWELL, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1975.

Attorney(s) appearing for the Case

A.M. Varnes, Jr., Portland, argued the cause and filed the brief for appellant.

Rhidian M.M. Morgan, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FOLEY, Judge.

Defendant was convicted of criminal activity in drugs, possession of morphine, ORS 167.207, and received a three-year sentence. He appeals, assigning as error the denial of his motion to suppress evidence (morphine) which he claims was inadmissible under the "fruit of the poisonous tree" exclusionary rule set forth in Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963).

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