OR: Hyperventilating def was exigency for dispensing with blood draw warrant as time wore on

Because the warrant process [despite Oregon’s use of telephonic warrants] would take 2½ hours, there was exigency for defendant’s blood draw in the hospital. Moreover, defendant was hyperventilating when he was stopped, and they didn’t know whether he was faking or not, so they sent for an ambulance. At the hospital he was still hyperventilating. State v. Perryman, 275 Ore. App. 631, 2015 Ore. App. LEXIS 1541 (Dec. 23, 2015).

Because Oregon holds that the odor of marijuana does not mean that the passenger is in possession, the record here doesn’t support the conclusion sought to be drawn, and the case is remanded for further findings. State v. Martinez, 275 Ore. App. 645, 2015 Ore. App. LEXIS 1539 (Dec. 23, 2015).*