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STATE v. UNGER

(CC 09C42443; CA A144192; SC S060888).

333 P.3d 1009 (2014)

356 Or. 59

STATE of Oregon, Petitioner on Review, v. Mark Lawrence UNGER, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided August 28, 2014.

Attorney(s) appearing for the Case

Rolf Moan , Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Jason E. Thompson , Ferder Casebeer French & Thompson, LP, Salem, argued the cause and filed the brief for respondent on review.

BALMER, C.J.

In this criminal case, we again consider when evidence discovered following a person's voluntary consent to search must be suppressed on the theory that the police exploited a prior illegality to obtain the consent. Last year, we addressed that issue in State v. Hemenway, 353 Or. 129, 295 P.3d 617 (2013), and modified part of this court's exploitation analysis previously described...

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