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State v. Rennells

Summarized by: 

Date Filed: 11-21-2012
Case #: A144017
Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A144017.pdf

Criminal Procedure: Under the emergency aid exception to the warrant requirement, officers may enter an area when they have articulable facts indicating a person is threatened with serious physical injury or harm.

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.