State v. Lambert

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).

Cited by

10 cases in this archive cite this case.

• State v. Leach
  Court of Appeals of Oregon· 2018-10-31· cited 8×
• State v. H. K. D. S. (A163158)
  Court of Appeals of Oregon· 2020-07-01· cited 8×
• State v. Anderson-Brown
  Court of Appeals of Oregon· 2016-03-30· cited 5×
• State v. Meeker
  Court of Appeals of Oregon· 2018-07-25· cited 3×
• State v. Thompson
  Court of Appeals of Oregon· 2021-01-27· cited 3×
• State v. Campoverde
  Court of Appeals of Oregon· 2022-02-02· cited 2×
• State v. Fulmer
  Court of Appeals of Oregon· 2019-02-06· cited 1×
• State v. Sjogren
  Court of Appeals of Oregon· 2021-07-14· cited 1×
• State v. Gilliland
  Court of Appeals of Oregon· 2026-02-19
• State v. Hamilton
  Court of Appeals of Oregon· 2026-04-01

Cites

10 cases in this archive are cited by this case.

• State v. Hall
  Oregon Supreme Court· 2005-07-15· cited 336×
• State v. Miller
  Oregon Supreme Court· 1985-11-05· cited 162×
• State v. Unger
  Oregon Supreme Court· 2014-08-28· cited 113×
• State v. Smith
  Oregon Supreme Court· 1998-07-24· cited 80×
• State v. Lovaina-Burmudez
  Court of Appeals of Oregon· 2013-06-05· cited 21×
• State v. Marshall
  Court of Appeals of Oregon· 2013-01-09· cited 14×
• Elwood v. State Accident Insurance
  Oregon Supreme Court· 1985-01-08· cited 10×
• State v. Grover
  Court of Appeals of Oregon· 2004-04-28· cited 6×
• State v. Lambert
  Court of Appeals of Oregon· 2014-06-18· cited 6×
• State v. Clapper
  Court of Appeals of Oregon· 2007-12-05· cited 4×