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STATE v. HEMENWAY

(CC 071107; CA A136981; SC S059085 (Control); S059392).

295 P.3d 617 (2013)

353 Or. 129

STATE of Oregon, Respondent on Review, v. Leland Jay HEMENWAY, Petitioner on Review. State of Oregon, Petitioner on Review, v. Leland Jay Hemenway, Respondent on Review.

Supreme Court of Oregon.

Decided January 10, 2013.

Attorney(s) appearing for the Case

Rolf Moan , Assistant Attorney General, Salem, argued the cause and filed the brief for State of Oregon, respondent on review/petitioner on review. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Peter Gartlan , Chief Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for Leland Jay Hemenway, petitioner on review/respondent on review.

Before BALMER, Chief Justice, KISTLER, WALTERS, LINDER, and LANDAU, Justices, and DURHAM and DE MUNIZ, Senior Judges, Justices pro tempore.

BALMER, C.J.

This case requires us to consider once again the circumstances in which a person's voluntary consent to a search is the result of exploitation of prior illegal police conduct — leading to the exclusion of the evidence obtained — and when it is not. The state charged defendant with possession of methamphetamine. Before trial, defendant filed a motion to suppress evidence seized by the police, arguing...

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