State v. Bailey
258 Or. App. 18
Or. Ct. App.2013Background
- Police surveillance followed funeral attendance of gang members; car stopped after driver failed to signal; driver could not prove insurance; officers sought insurer contact; defendant identified by Burley after 30 minutes; warrant for defendant’s arrest discovered; arrest occurred and Burley observed cocaine under defendant’s tongue during mouth check; backseat search revealed $700 in cash; suppression motion denied; conviction after stipulated facts trial; defendant appeals asserting unlawful stop and taint from initial detention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was unlawfully seized at the traffic stop. | Defendant; unlawfully detained under Article I, sec. 9 and Fourth Amendment. | Unlawful stop tainted evidence; attenuation not proven. | Unlawful seizure; however taint attenuated by warrant discovery under Hall/Snyder/Dempster. |
| Whether discovery of the outstanding arrest warrant purges taint from the initial unlawful seizure. | Snyder/Dempster principle applies; warrant purge forecloses suppression. | Hall framework governs; attenuation not automatic via warrant; need Brown factors. | Purging taint recognized; evidence admitted under Hall framework. |
| Whether attenuation analysis under federal Fourth Amendment applies and supports admission of evidence. | Dempster controls; arrest on warrant attenuates taint. | Brown framework governs; warrant discovery insufficient to attenuate taint given conduct. | Brown factors support admission; no suppression on federal grounds. |
Key Cases Cited
- State v. Dempster, 248 Or 404 (Or. 1967) (recognizes warrant purge principle under Oregon law (pre-Brown context))
- State v. Snyder, 72 Or App 359 (Or. App. 1985) (applies Dempster/Snyder to attenuation after unlawful stop (OSN))
- State v. Hall, 339 Or 7 (Or. 2005) (attenuation framework: minimal nexus and three-step Hall test)
- State v. Langston, 223 Or App 590 (Or. App. 2008) (applies Dempster/Snyder within Hall framework; warrant purge affirmed)
- State v. Allen, 222 Or App 71 (Or. App. 2008) (integrates Dempster into Hall analysis; warrant purge discussed)
- Brown v. Illinois, 422 U.S. 590 (U.S. 1975) (Three-factor attenuation framework for Fourth Amendment)
- Wong Sun v. United States, 371 U.S. 471 (U.S. 1963) (primary taint vs. distanced evidence; framework for attenuation)
- Nardone v. United States, 308 U.S. 338 (U.S. 1939) (cited in Dempster as federal law basis)