State v. Newcomb

LINDER, S. J.

Defendant was convicted of second-degree animal neglect (ORS 167.325) 1 after she failed to adequately feed her dog, Juno, resulting in his malnourishment. Before trial, defendant moved to suppress blood test results showing that Juno had no medical condition that would have caused him to be malnourished, which in turn indicated that Juno was malnourished because he was starving. Defendant argued that the state had violated both Article I, section 9, of the Oregon Constitution, and the Fourth Amendment to the United States Constitution by failing to obtain a warrant before…