STATE v. McDONALD

(970433285; CA A99422)

7 P.3d 617 (2000)

168 Or. App. 452

STATE of Oregon, Respondent, v. David Edward McDONALD, Appellant.

Court of Appeals of Oregon.

Decided June 21, 2000.


Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Kaye E. McDonald, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.


WOLLHEIM, J.

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. The issue is whether evidence discovered during a warrantless search of defendant's residence, after defendant regained consciousness from an apparent heroin overdose and denied drug use, is admissible under the "emergency exception" to the warrant requirement. We affirm.

We recite the facts in some detail as they were developed at the hearing on the motion...

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