Protest 75335-K of Boote

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that the decisive question is not whether extensive physical modifications were made to the structure but whether it is put to a new use
• concluding that, because the “record [wa]s silent” on the question of whether police would have inevitably dis- covered the challenged evidence, the state failed to carry its burden
• holding that we would not allow the state to develop on remand a record on inevitable discovery because the state was obligated to do so at the initial suppression hearing
• explaining that a defendant is not required to separately, affirmatively demon- strate that the evidence obtained was also flawed because it flowed from the unlawful conduct
• “[R]emand * * * is appropriate only if the record contains potentially conflicting evidence that needs to be resolved.”

Source: CourtListener parenthetical corpus (CC0).