- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 11-21-2012
- Case #: A144017
- Judge(s)/Court Below: Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
- Full Text Opinion
Defendant appealed his convictions for coercion, two counts of fourth-degree assault, and menacing, arguing the trial court incorrectly denied his motion to suppress evidence. Officers entered victim’s apartment without a warrant after receiving a 911 call that reported screaming. No one answered the door when officers arrived and neighbors told the officers that there had been previous problems in the apartment. The Defendant’s car was also outside the apartment despite having a no-contact order with the victim. The Court held that the officers properly entered the apartment under the emergency aid exception to the warrant requirement because there does not need to be violence or a life-threatening emergency in progress in order to enter. The Court reversed one of Defendant’s convictions for assault in the fourth degree because the evidence did not support a conclusion that the victim suffered substantial pain as required by ORS 161.015. One count of assault in the fourth degree reversed; otherwise affirmed.