State v. Unger

As the majority correctly observes, this court’s cases hold that the sole rationale for the exclusion of evidence obtained as a result of police misconduct is the vindication of the defendant’s constitutional rights. The purpose of excluding evidence unlawfully obtained, the court has explained, is “to restore a defendant to the same position as *95if the government’s officers had stayed within the law.” State v. Hall, 339 Or 7, 24, 115 P3d 908 (2005). In adopting that rationale, the court has categorically rejected deterrence as an explanation for this state’s exclusionary rule. In so doing,…