STATE v. ELLETT

C85-03-31141; CA A36926.

728 P.2d 954 (1986)

82 Or.App. 652

STATE of Oregon, Respondent, v. John Wesley ELLETT, Jr., Appellant.

Court of Appeals of Oregon.

Decided December 4, 1986.


Attorney(s) appearing for the Case

Craig P. Colby and Wall & Colby, Portland, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Douglas F. Zier, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

Defendant appeals from a judgment of conviction for, among other crimes, assault in the fourth degree. ORS 163.160. He contends that the court erred in failing to suppress evidence seized by police without a warrant, because there were no exigent circumstances to justify their entry into his apartment. We agree and reverse.

In February, 1985, at approximately 2:14 a.m., police responded to a call at an apartment building. They followed a woman...

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