{"id":21277,"date":"2016-03-18T02:44:07","date_gmt":"2016-03-18T07:44:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21277"},"modified":"2016-03-20T13:08:37","modified_gmt":"2016-03-20T18:08:37","slug":"or-emergency-aid-doctrine-permitted-entry-but-search-had-to-stop-when-it-was-shown-dissipated","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21277","title":{"rendered":"OR: Emergency aid doctrine permitted entry, but search had to stop when it was shown dissipated"},"content":{"rendered":"<p>The emergency aid exception to the warrant requirement justified officers&#8217; warrantless entry into defendant&#8217;s home because there was a report of yelling and sounds of possible hitting, defendant was intoxicated, uncooperative and belligerent to the officers, and he repeatedly lied about anyone else being in his home, and his spouse never made contact with the officers, suggesting that she might have been unconscious or in need of emergency medical assistance. Once inside, however, the emergency dissipated when an officer observed that defendant&#8217;s spouse had only been crying, did not have any serious physical injuries, did not request assistance, and said there had only been an argument. After that point, evidence gathered by the officers should have been suppressed. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A154834.pdf\">State v. Garcia<\/a>, 276 Ore. App. 838, 2016 Ore. App. LEXIS 290 (March 9, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The emergency aid exception to the warrant requirement justified officers&#8217; warrantless entry into defendant&#8217;s home because there was a report of yelling and sounds of possible hitting, defendant was intoxicated, uncooperative and belligerent to the officers, and he repeatedly lied &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=21277\">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":[3],"tags":[],"class_list":["post-21277","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21277","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21277"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21277\/revisions"}],"predecessor-version":[{"id":21335,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21277\/revisions\/21335"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21277"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21277"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21277"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}