State v. Hacker

The state appeals an order suppressing all evidence sought to be introduced in defendant’s trial. At the outset of the suppression hearing, the state conceded that a search warrant executed at defendant’s residence on November 14, 1979, was defective. See State v. Montigue, 288 Or 359, 605 P2d 656 (1980). The state sought introduction of "derivative” evidence, which it contended was not "tainted” by the illegal search. The issue is whether the state’s physical and testimonial evidence were properly suppressed under the "fruit of the poisonous tree doctrine.” We reverse and remand.

Defendant…