OR: Any exigency of def’s expressed suicidal thoughts had passed by the time officers searched her room

The trial court erred in denying defendant’s motion to suppress because the search of defendant’s bedroom did not fall within the emergency aid exception to warrant requirement in the state constitution. First, defendant was sitting outside the house when officers arrived and was agitated and clearly able to articulate her emotions. While a second emergency occurred when defendant locked herself in her bedroom after expressing suicidal thoughts, that emergency dissipated when the officer gained access to the room and found defendant on the phone, without any pills or water nearby. Further search of the room was unreasonable. State v. Potter, 282 Ore. App. 605 (Nov. 30, 2016).

Any motion to suppress before trial would have been futile and denied. There was a positive dog alert, and that gave officers justification for searching the car. Defense counsel wasn’t ineffective for not challenging it. United States v. Begley, 2016 U.S. Dist. LEXIS 165054 (E.D.Ky. Oct. 28, 2016).*