STATE v. FESSENDEN

10CR2252MI; A150065.

310 P.3d 1163 (2013)

258 Or. App. 639

STATE of Oregon, Plaintiff-Respondent, v. Linda Diane FESSENDEN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 25, 2013.


Attorney(s) appearing for the Case

Elizabeth G. Daily , Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Pamela J. Walsh , Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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


HADLOCK, J.

Defendant appeals her conviction for second-degree animal neglect, arguing that the trial court erred by denying her motion to suppress evidence related to the warrantless search and seizure of her emaciated horse. The trial court's denial of that motion was premised, in part, on its conclusion that a deputy sheriff's seizure of the horse was justified under the "emergency aid" doctrine, which permits law enforcement officers to enter property without...

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