State v. Elmore

Defendant, who entered a conditional plea of guilty, ORS 135.335(3), 1 for misdemeanor driving while suspended or revoked, ORS 811.182(4), appeals from the resulting judgment, assigning error to the trial court’s denial of his motion to suppress evidence obtained as a result of a traffic stop. We agree with defendant that the stop violated Article I, section 9, of the Oregon Constitution 2 and that the evidence obtained was the unattenuated product of that illegality. Accordingly, because the trial court erred in denying defendant’s motion to suppress evidence, we reverse and remand.

We take…