Can a warrant cure a bad stop? Stay tuned.
by: Ryan • December 2, 2013 • no comments
The Oregon Supreme Court granted review in State v. Bailey. The questions presented, according to the OSC's press release, are:
(1) Where the police illegally seize a person for the purpose of discovering his or her identity, does Article I, section 9, of the Oregon Constitution require suppression of evidence obtained when the police learn the person's name and use it to check the person for warrants and to arrest him or her on an outstanding warrant?
(2) Where the police illegally seize a person for the purpose of discovering his or her identity and checking for warrants, is the federal deterrence rationale underlying suppression of evidence as a remedy for violation of the Fourth Amendment to the United States Constitution thwarted by a per se rule that any illegal seizure can be justified after-the-fact by the discovery of an arrest warrant?
