{"id":2667,"date":"2009-01-11T17:48:45","date_gmt":"2008-11-09T04:56:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-11-10T07:06:00","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2667","title":{"rendered":"OR: Argument inside did not rise to level of emergency for a warrantless entry"},"content":{"rendered":"

Defendant fled a traffic stop, and officers outside his house could hear a domestic quarrel, but not likely violence. This did not justify a warrantless entry under the emergency aid doctrine. State v. Salisbury<\/a>, 223 Ore. App. 516, 196 P.3d 1017 (2008):<\/p>\n

The officers were also aware that defendant was not an intruder in the apartment and that he resided there. The only offense that they were aware he had committed was a traffic offense. Significantly, the police did not testify that they heard any sounds of a physical struggle or an indication that an act of violence had occurred inside the apartment. Moreover, no occupant of the apartment requested assistance from the police, even though the police made their presence known over a significant time period. It is correct, as the state argues, that it could be inferred that, because the lights were turned off and there were no longer any sounds coming from the apartment, the screaming woman inside the apartment was unable to respond to their inquiries due to injury or restraint; however, that inference is counterbalanced by the inference that what the police heard was evidence of a domestic quarrel that did not require their intervention.<\/p><\/blockquote>\n

Defendant’s car broke down on a convenience store parking lot, and officers asked if he needed help. They asked for his ID [Why?], which he said that he did not have, but he gave his name and DOB. That produced a warrant, and that led to a search incident, which produced evidence of identity theft. The search was valid. State v. Langston<\/a>, 223 Ore. App. 590 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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