State v. Yaeger

Overruling Gardner, the Supreme Court stated, “the trial court had not determined whether, despite the ultimate validity of the warrant, the State would have inevitably discovered the challenged evidence absent the unlawful seizure of the defendant's residence”. State v. DeJong, 368 Or 640, 497 P3d 710 (2021).

On remand from the Supreme Court, the trial court's decision not to suppress evidence gathered from an unlawfully obtained SD card must be reanalyzed considering State v. DeJong, 368 Or 640, 497 P3d 710 (2021). In the original repeal, Defendant argued that the warranted discovery of her SD card containing child pornography was the result of evidence obtained during an unwarranted search of her motel room and a non-Mirandized conversation. The appellate court initially determined that search of the SD card was valid, due to probable cause established by the affidavit. State v. Gardner, 263 Or App 309, 313, 327 P3d 1169, 356 Or 400 (2014). Overruling Gardner, the Supreme Court stated,“the trial court had not determined whether, despite the ultimate validity of the warrant, the State would have inevitably discovered the challenged evidence absent the unlawful seizure of the defendant's residence”. State v. DeJong, 368 Or 640, 497 P3d 710 (2021). In light of Dejong, the Court came to a smilar conclusion reasoning that discovery was inevitable because the police still would have found the SD card and because it contained a picture of the Defendant and child pornography. The Court held that there was legally sufficient evidence to warrant a search of the SD card. Reversed and remanded to the trial court.