In two cases, Oregon holds that animal cruelty can constitute an exigent circumstance for a warrantless entry. <\/p>\n
State v. Dicke<\/a>, 258 Ore. App. 678, 310 P.3d 1170 (2013):<\/p>\n Other courts have held that, although the United States Supreme Court has described that exception to the warrant requirement in terms of protecting people, the exception reasonably extends to the protection of animals under certain circumstances. See, e.g., Davis v. State, 907 NE2d 1043, 1050 (Ind Ct App 2009) (“[C]ircumstances of animal cruelty may create exigent circumstances to permit a warrantless search of the curtilage.”); Morgan v. State, 289 Ga App 209, 212, 656 SE2d 857, 860 (2008) (an exigency exception to the warrant requirement exists “where a police officer reasonably believes that an animal on the property is in need of immediate aid due to injury or mistreatment”); Brinkley v. County of Flagler, 769 So2d 468, 472 (Fla Dist Ct App 2000) (the apparent distress of a large number of dogs made it reasonable to conclude “that an urgent and immediate need for protective action was warranted,” which justified a warrantless entry onto property). We agree.<\/p><\/blockquote>\n State v. Fessenden<\/a>, 258 Ore. App. 639, 310 P.3d 1163 (2013):<\/p>\n We conclude that it does. That is, the societal interest in protecting nonhuman animals from unnecessary pain, injury, trauma, and cruel death can justify\u2014at least in some circumstances\u2014a warrantless search or seizure aimed at preventing or alleviating that suffering. Mirroring Baker’s description of the emergency aid exception as closely as possible, given the permissibility of killing and physically altering animals in some contexts, we hold that a warrantless search or seizure is justified when law enforcement officers have an objectively reasonable belief, based on articulable facts, that the search or seizure is necessary to render immediate aid or assistance to animals that have suffered, or which are imminently threatened with suffering, serious physical injury or cruel death, unless that injury or death is being inflicted lawfully.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading