State v. Lovell

Defendant appeals a conviction for theft in the first degree. ORS 164.055. He argues that the trial court erred in denying his motion to suppress, because a deputy sheriff entered into his corral, seized a calf and then administered a “mothering test” without a search warrant and in the absence of exigent circumstances. We affirm.

On March 7, 1988, a calf was born on a ranch owned by Harris. Two days later, Harris noticed that the calf was gone. As a result of a conversation with a neighboring rancher, Harris went to defendant’s ranch to investigate. While Harris was driving to the ranch,…