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STATE v. SULLIVAN

A150021 (Control); A150023; M8060071, UC7588121.

333 P.3d 1201 (2014)

265 Or. App. 62

STATE of Oregon, Plaintiff-Respondent, v. Paul Vernon SULLIVAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 20, 2014.

Attorney(s) appearing for the Case

Kali Montague , Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Joanna L. Jenkins , Assistant Attorney General, argued the cause for respondent. With her on the briefs were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

EGAN, J.

The question in this case is whether, under either Article I, section 9, of the Oregon Constitution, or the Fourth Amendment to the United States Constitution, it was lawful for a police officer to kick in the door of defendant's residence and arrest him without a warrant after the officer developed probable cause to believe that defendant had driven his car while intoxicated. The trial court concluded that the warrantless entry was lawful on the ground that...

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