STATE v. FAIR

(CC 06FE1759AB; CA A136985; SC S058458).

302 P.3d 417 (2013)

353 Or. 588

STATE of Oregon, Petitioner on Review, v. Natasha Larae FAIR, nka Natasha Larae Ortega, Respondent on Review.

Supreme Court of Oregon.

Resubmitted January 7, 2013.

Decided May 31, 2013.


Attorney(s) appearing for the Case

Susan G. Howe , Senior Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Joshua B. Crowther , Chief Deputy Defender, Office of Public Defense Services, Salem, argued the cause for respondent on review. With him on the brief was Peter Gartlan , Chief Defender.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.


LINDER, J.

Two law enforcement officers, believing that defendant was being assaulted, responded to an incomplete 9-1-1 call that had been traced to defendant's home. One officer took defendant's husband into custody, while the other officer proceeded to interview defendant on the porch of her home. While interviewing defendant, the officer made an observation that caused him to reasonably believe defendant might be in possession of drugs. The officer asked defendant...

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