State v. Rhodes

EDMONDS, J.,

specially concurring.

The lead opinion holds that State v. Martin, 100 Or App 256, 785 P2d 801 (1990), does not require suppression of the evidence if Officer Hughes “was lawfully performing a criminal law enforcement function. State v. Bridewell, [306 Or 231, 239, 759 P2d 1054 (1988)].” 106 Or App at 315. It notes that the trial court concluded that, under Martin, the evidence must be suppressed because, although Hughes “was ‘suspicious’ ” about defendant, his “prime motivation” was “ ‘seeing whether the defendant was alright [sic].’ ” 106 Or App at 314.

Hughes’ motivation is of no…