State v. Cruz-Aguirre

The state appeals a trial court order suppressing evidence in this prosecution for delivery and possession of a controlled substance. The trial court held that the officer violated ORS 810.410(3)(b) before he obtained defendant’s consent to a search of his vehicle. We originally reversed the order of suppression on the ground that, under ORS 136.432, a violation of ORS 810.410(3)(b) does not lead to the suppression of evidence obtained as a result of the violation. State v. Cruz-Aguirre, 158 Or App 15, 972 P2d 1206 (1999). The Supreme Court thereafter vacated our decision and remanded the…