Include / Exclude custom Search does not work properly

Dear all,

the Include / Exclude custom Search does not work properly when you include a Smart Group that has "OR" as a Search Operator.

I could reproduce the error on the demo installation:

1. go to advanced search, choose "OR" as search operator
2. in "Complete OR Partial Name" enter "a", under "Contribution|Contribution Date" select "this year"
3. click search and create a smart group from the search results
4. go to "custom Searches|Include / Exclude Search"
5. include the dynamic group you just created, hit search

Result: The result will use the search criteria from the smart group but ignores the "OR" operator and uses the "AND" operator instead. This means, You will only get contact that fullfill all the search criteria - in our case all contacts that have "a" in their name and donated this year.

I have posted this issue in the CiviCRM Forum before and Lobo suspects it has to do with the smart group cache - please have a look here:
http://forum.civicrm.org/index.php/topic,30313.0.html

Regards
Fabian