STATE v. RODRIGUEZ

CC C89-01-30382; CA A62825; SC S39120.

854 P.2d 399 (1993)

317 Or. 27

STATE of Oregon, Petitioner on Review, v. Wilfredo RODRIGUEZ, Respondent on Review.

Supreme Court of Oregon, In Banc.

Reassigned June 9, 1993.

Decided July 1, 1993.


Attorney(s) appearing for the Case

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause and filed a response for petitioner on review. Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the petition. Also on the petition and response were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for respondent on review. With her on the response to the petition for review was Sally L. Avera, Public Defender, Salem.


GILLETTE, Justice.

In this criminal case, the trial court denied defendant's pretrial motion to suppress evidence seized during a warrantless search of defendant's apartment following his arrest. On appeal from defendant's subsequent conviction, the Court of Appeals reversed and remanded for a new trial, holding that "[d]efendant's consent to the search was obtained by exploitation of illegal police conduct" and that, therefore, the motion to suppress should have...

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