This morning the United States Supreme Court handed down a(nother) unanimous decision, reversing the Utah Supreme Court's suppression of evidence that police obtained in a warrantless entry into a house. It's surprising that this happened in Utah, but a drinking party (probably college connected) was out of hand - drunken minors outside the house, and a fight going on inside. The officers were at the house for a purpose not related to quelling the disturbance, but through the screen door they saw blows struck and entered the house to investigate further. They charged the adults with contributing to the delinquency of the minors, and they seized the liquid evidence.
The U.S. Supreme Court reversed the lower courts' suppression of the evidence obtained inside the house, ruling that the entry and subsequent seizure of evidence was lawful under settled Fourth Amendment law. The Court's opinions (Brigham City v. Stuart) are here.
Justice Stevens' concurring opinion is the interesting one. He wags a finger at the Court for even taking such a "flyspeck" of a case, and he chastises the prosecution and the defense for failing completely to raise any issue at trial under the Utah Constitution. Justice Stevens apparently believes that suppression of the evidence would have been warranted under Utah law, the application of which at trial would have spared the Supreme Court this needless exercise in Fourth Amendment law.
I'd like to hear from someone more knowledgeable than I am on search and seizure law - Would the evidence have been properly suppressed under the Oregon Constitution's protections?
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