STATE v. RODRIGUEZ

C89-01-30382; CA A62825.

823 P.2d 1026 (1992)

110 Or.App. 544

STATE of Oregon, Respondent, v. Wilfredo RODRIGUEZ, Appellant.

Court of Appeals of Oregon.

Decided January 8, 1992.


Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause, for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Harrison Latto, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


DE MUNIZ, Judge.

Defendant appeals his convictions on two counts of being an ex-convict in possession of a firearm. ORS 166.270. He assigns as error the trial court's denial of his motion to suppress evidence seized during a warrantless search of his residence. We conclude that defendant's consent to the search was obtained by exploitation of illegal police conduct, and we reverse.

The facts are undisputed. Defendant was subject to deportation, because he...

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