State v. Swartzendruber

The primary issue in this case is whether evidence seized in violation of Article I, section 9, of the Oregon Constitution may be considered in a sentencing hearing. We have previously held that it may. State v. Campbell, 43 Or App 979, 607 P2d 745 (1979). In the light of State ex rel Juv. Dept. v. Rogers, 314 Or 114, 836 P2d 127 (1992), we now hold that it may not.

In Benton County, defendant was convicted of knowingly setting sight bait 1 within 15 feet of a leghold trap for carnivores, a class A misdemeanor. ORS 496.992(1); OAR 635-50-045(7) (g) , 2 At sentencing, the state presented…