{"id":16521,"date":"2015-03-28T00:20:39","date_gmt":"2015-03-28T05:20:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16521"},"modified":"2015-03-27T18:03:07","modified_gmt":"2015-03-27T23:03:07","slug":"or-no-exigency-for-entry-into-home-to-arrest-a-dui-suspect-at-minimum-a-telephonic-warrant-could-have-been-obtained","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=16521","title":{"rendered":"OR: No exigency for entry into home to arrest a DUI suspect; at minimum a telephonic warrant could have been obtained"},"content":{"rendered":"<p>Police had no exigency to enter defendant\u2019s house and arrest him for suspicion of DUII. He was seen on the street last at 11:01 am, and they had his address from his LPN. They went to his house and saw him at 11:15 am. They knocked and he refused to come out telling them to \u201cfuck off,\u201d so they caucused and decided to come in anyway. They needed a warrant to enter the house under the state constitution. A telephonic warrant at the minimum could have been obtained. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A151640.pdfhttp:\/\/www.publications.ojd.state.or.us\/docs\/A151640.pdf\">State v. Rice<\/a>, 270 Or. App. 50 (March 25, 2015).<\/p>\n<p>The officer had reasonable suspicion to continue the stop longer. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A151904.pdf\">State v. Ferguson<\/a>, 270 Or. App. 58 (March 25, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police had no exigency to enter defendant\u2019s house and arrest him for suspicion of DUII. He was seen on the street last at 11:01 am, and they had his address from his LPN. They went to his house and saw &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=16521\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,3,35],"tags":[],"class_list":["post-16521","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-emergency-exigency","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16521","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16521"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16521\/revisions"}],"predecessor-version":[{"id":16522,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16521\/revisions\/16522"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16521"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16521"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16521"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}