State v. Somfleth

Defendant appeals from a judgment of conviction for manufacture of a controlled substance and possession of a controlled substance. ORS 475.992(1), (4). 1 He assigns error to the denial of his motion to suppress evidence. Defendant contends that police officers unlawfully invaded the curtilage of his home before making observations that the officers, in turn, used to obtain defendant’s wife’s consent to a search that yielded evidence of the crimes. We conclude that the officers unlawfully invaded the curtilage and that they exploited that illegality in obtaining defendant’s wife’s consent to…