ORS 136.432¹
Limitation on court’s authority to exclude relevant evidence

A court may not exclude relevant and otherwise admissible evidence in a criminal action on the grounds that it was obtained in violation of any statutory provision unless exclusion of the evidence is required by:

(1) The United States Constitution or the Oregon Constitution;

(2) The rules of evidence governing privileges and the admission of hearsay; or

(3) The rights of the press. [1997 c.313 §1]

Note: 136.432 (Limitation on court’s authority to exclude relevant evidence) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 136 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

This sec­tion requires admission of evidence obtained through unlawful expansion of traffic stop in viola­tion of ORS 810.410 (Arrest and citation). State v. Arabzadeh, 162 Or App 423, 986 P2d 736 (1999)

Evidence is “otherwise admissible evidence” if statute does not expressly make improperly obtained evidence inadmissible. State v. Thompson-Seed, 162 Or App 483, 986 P2d 732 (1999)

Applica­tion of statute to alter rules of evidence for of­fenses committed prior to June 12, 1997, violates constitu­tional pro­hi­bi­­tion against ex post facto laws. State v. Fugate, 332 Or 195, 26 P3d 802 (2001)

1 Legislative Counsel Committee, CHAPTER 136—Criminal Trials, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors136.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 136, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano136.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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