State v. Kissell

In this case, we are again presented with the issue we confronted in State v. Neidenbach, 73 Or App 476, 698 P2d 1040, rev allowed 299 Or 522, 702 P2d 1112, rev dismissed 300 Or 176, 707 P2d 355 (1985): whether the exclusionary rule applies to. probation revocation hearings. In Neidenbach, we held that it did; we now overrule that decision.

Defendant pled guilty to one count of felony driving while suspended. The court suspended imposition of sentence for two years and placed him on probation. Subsequently, defendant was stopped by a police officer after an anonymous tip that “a person” was…