STATE v. McCULLOUGH

105458MI; A150054.

336 P.3d 6 (2014)

264 Or. App. 496

STATE of Oregon, Plaintiff-Appellant, v. Alan George McCULLOUGH, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 6, 2014.


Attorney(s) appearing for the Case

Jamie K. Contreras , Assistant Attorney-in-Charge, argued the cause for appellant. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Anne Fujita Munsey , Senior Deputy Public Defender, argued the cause for respondent. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

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


SERCOMBE, J.

In this criminal case involving a prosecution for driving under the influence of intoxicants (DUII), defendant moved to suppress evidence obtained after a trooper entered his trailer without a warrant. In response, the state contended that the trooper's entry into defendant's trailer was constitutionally permissible under the "emergency aid" exception to the warrant requirement. The trial court concluded that there was not a "true emergency" under that...

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