State v. McGrattan

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 09-30-2015
  • Case #: A157137
  • Judge(s)/Court Below: Per curiam.
  • Full Text Opinion

A warrantless search may be conducted under the emergency aid doctrine only where entry is necessary to render immediate aid to persons, or to assist persons who have suffered, or who are imminently threatened with suffering, serious physical injury or harm.

Defendant appealed conviction based on evidence found in Defendant’s home after a warrantless search by police officers. The State argued that Officers were justified in entering Defendant’s home without a warrant based on the emergency aid doctrine, which allows Officers to enter a private welling if they have an objectively reasonable belief based on articulable facts, that a warrantless entry is necessary to either render immediate aid to persons, or to assist persons who have suffered, or who are imminently threatened with suffering, serious physical injury or harm. The Court held that the State did not prove at trial that those circumstances existed, and the trial court erred in holding otherwise. Reversed and remanded.

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