State v. Hermanson

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 06-02-2016
  • Case #: A159752
  • Judge(s)/Court Below: Sercombe, P.J.; Hadlock, C.J., & DeHoog, J.
  • Full Text Opinion

In order to obtain evidence through a warrantless entry, the state must show how long it would take to obtain a search warrant and that the police had an objectively reasonable belief that the evidence would be lost within that specified time.

The State appealed the trial court’s grant of a motion to suppress evidence obtained after police officers entered Defendant’s residence, without a search warrant, to obtain evidence of Defendant’s intoxication. Defendant argued that the search was unreasonable because it was not authorized by a warrant and it was not immediately necessary to avoid the loss of significant evidence. The state argued that any delay in collecting evidence of intoxication would have resulted in a loss of evidence and to avoid that loss, it was reasonably necessary to proceed with a warrantless search. This Court holds that the state failed to show that the police officer had an objectively reasonable belief that a delay of a specific length of time would result in the loss of all evidentiary value of the drawn blood. Affirmed.

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