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State v. Magana

Summarized by: 

Date Filed: 06-19-2013
Case #: A145917
Nakamoto, J. for the Court; Schuman, P.J.; and Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A145917.pdf

Criminal Procedure: All evidence that is derived from a stop, without mitigating circumstances, must be purged from the illegal stop, unless there is reasonable suspicion of criminal activity before the stop is made. Additionally, all evidence derived from an involuntary search must be suppressed if there are no intervening or mitigating circumstances present.

This is a consolidated appeal. Defendant One appealed a conviction for unlawful delivery of heroin. Defendant Two appealed a conviction for unlawful manufacture of heroin. Defendant One was approached by police officers at a bus stop. The officers requested to search him and his vehicle. After finding no evidence of criminal activity, the officers obtained Defendant One's address. The officers went to the apartment and encountered Defendant Two, who gave the officers consent to search the apartment. As a result of the search, the officer's found two balls of heroin and $20,000. The Court found that the encounter with Defendant One constituted a stop and that the officers lacked reasonable suspicion of criminal activity to justify the stop. The State failed to meet its burden of production to prove that the address was not obtained from the illegal stop and Defendant One's motion to suppress should have been granted. Further, the Court held that based on the totality of the circumstances, the apartment search was not the result of voluntary consent and Defendant Two's motion to suppress should have been granted. Reversed and remanded.