- 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
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.