State v. Hemenway

*131BALMER, C. J.

This case requires us to consider once again the circumstances in which a person’s voluntary consent to a search is the result of exploitation of prior illegal police conduct — leading to the exclusion of the evidence obtained— and when it is not. The state charged defendant with possession of methamphetamine. Before trial, defendant filed a motion to suppress evidence seized by the police, arguing that his consent to search was the product of an illegal seizure and, therefore, that the evidence was inadmissible under Article I, section 9, of the Oregon Constitution.1 The trial…