STATE v. NEIDENBACH

82-469-C-2, CA A32517.

698 P.2d 1040 (1985)

73 Or.App. 476

STATE of Oregon, Respondent, v. Henry Lee NEIDENBACH, Appellant.

Court of Appeals of Oregon.

Decided May 1, 1985.

Reconsideration Denied June 14, 1985.


Attorney(s) appearing for the Case

Ronald K. Cue, Ashland, argued the cause and filed the brief for appellant.

Stephen F. Peifer, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer and James E. Mountain, Jr., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


VAN HOOMISSEN, Judge.

Defendant appeals the revocation of his probation and the imposition of a prison sentence. The issue is whether the exclusionary rule applies to probation revocation hearings. We conclude that it does. We reverse and remand.

Defendant was convicted of assault in 1982 and was placed on two years probation. While on probation, he was charged with two drug-related crimes, and the state moved to revoke his probation. A trial court suppressed...

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