State v. Bailey

I agree with the majority’s reasoning with respect to its suppression analysis under Article I, section 9, of the Oregon Constitution. Because I do not agree, however, that the Oregon Supreme Court’s decision in State v. Dempster, 248 Or 404, 434 P2d 746 (1967) controls with respect to the analysis of the federal exclusionary rule, I respectfully dissent.

Although I rely on the facts as provided in the majority’s opinion, I must note at the outset what I believe to be the critical fact of this case. The record before us leaves no room to conclude other than that the officers were unlawfully…