Legal Opinion

State v. Elstad

Court of Appeals of Oregon

Decided February 16, 1983No. 29500; CA A24659PublishedCited by 36 opinions

1Opinion of the Court

*675WARDEN, J.

Defendant appeals his conviction for burglary in the first degree. He assigns as error the trial court’s denial of his motion to suppress a written confession, claiming that a prior, unconstitutionally obtained confession “let the cat out of the bag,” United States v. Bayer, 331 US 532, 540, 67 S Ct 1394, 91 L Ed 1654 (1947), and tainted the subsequent confession, under the “fruit of the poisonous tree” doctrine of Wong Sun v. United States, 371 US 471, 83 S Ct 407, 9 L Ed 2d 441 (1963). We reverse.

On December 17, 1981, officers McAllister and Burke went to defendant’s home with a…

2Cases cited9 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Brown v. IllinoisSupreme Court of the United States · 1975
  4. United States v. BayerSupreme Court of the United States · 1947
  5. Clewis v. TexasSupreme Court of the United States · 1967

4 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Oregon v. ElstadSupreme Court of the United States · 1985
  2. State v. HartleySupreme Court of New Jersey · 1986
  3. United States v. Allen WaunekaCourt of Appeals for the Ninth Circuit · 1985
  4. State v. ArmstrongWisconsin Supreme Court · 1999
  5. State v. O'NEILLSupreme Court of New Jersey · 2007

31 more not listed; retrieve them via the Exa API.

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