STATE v. FESSENDEN

(CC 10CR2252MI; CA A150065; SC S061740 (Control)), (CC 10CR2251MI; CA A150092; SC S061770).

333 P.3d 278 (2014)

355 Or. 759

STATE of Oregon, Respondent on Review, v. Linda Diane FESSENDEN, Petitioner on Review. State of Oregon, Respondent on Review, v. Teresa Ann Dicke, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided August 7, 2014.


Attorney(s) appearing for the Case

Elizabeth Daily , Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner Fessenden. With her on the briefs was Peter Gartlan , Chief Defender.

Rankin Johnson IV , Law Office of Rankin Johnson IV, LLC, Portland, argued the cause and filed the briefs for petitioner Dicke.

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

Lora Dunn , Animal Legal Defense Fund, Portland, filed a brief for amici curiae Animal Legal Defense Fund, National District Attorneys Association, and Association of Prosecuting Attorneys.


WALTERS, J.

In these consolidated criminal appeals, we consider whether an officer violated Article I, section 9, of the Oregon Constitution or the Fourth Amendment to the United States Constitution when, without a warrant, he entered private property, seized an emaciated horse, and took the horse to a veterinarian. We conclude that the officer acted lawfully because he had probable cause to believe that defendants were committing the crime of animal neglect and reasonably...

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