State v. Hayes

The state appeals from an order allowing suppression of evidence of possession of a controlled substance seized during a search of defendant’s home. ORS 138.060(l)(c). The state argues that (1) the officers’ approach to the back door of the residence was not a trespass under the analysis of State v. Somfleth, 168 Or App 414, 8 P3d 221 (2000); and (2) even if the police approached and entered defendant’s residence unlawfully, defendant’s subsequent consent to search was not the result of the exploitation of any prior illegality. We agree with the trial court that, under Somfleth, the officers’…