State v. Sanchez

A jury convicted defendant of driving under the influence of intoxicants (DUII), ORS 813.010, and failure to perform the duties of a driver when property is damaged, ORS 811.700. Before trial, the trial court suppressed some, but not all, of the evidence that officers obtained after conducting an unlawful search of defendant’s backyard. On appeal, defendant assigns error to the trial court’s decision not to exclude all of the evidence obtained after the unlawful search. We affirm in part and reverse in part, concluding that the trial court erred by not suppressing all of the evidence obtained…