STATE v. TABIB

08C44691; A140965.

243 P.3d 814 (2010)

238 Or. App. 725

STATE of Oregon, Plaintiff-Appellant, v. Mohamed Tawfiq Said TABIB, Defendant-Respondent.

Court of Appeals of Oregon.

Decided November 17, 2010.


Attorney(s) appearing for the Case

Tiffany Keast , Assistant Attorney General, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Erica Herb , Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Before LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.


ORTEGA, J.

The state appeals an order granting defendant's motion to suppress evidence discovered after sheriff's deputies, responding to a report of a domestic disturbance and acting without a warrant, forced entry into defendant's residence. For the reasons set forth below, we conclude that the entry into the residence was justified under the emergency aid exception to the warrant requirement of Article I, section 9, of the Oregon Constitution. Accordingly, we reverse...

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