State v. Ellett

Defendant appeals from a judgment of conviction for, among other crimes, assault in the fourth degree. ORS 163.160. He contends that the court erred in failing to suppress evidence seized by police without a warrant, because there were no exigent circumstances to justify their entry into his apartment. We agree and reverse.

In February, 1985, at approximately 2:14 a.m., police responded to a call at an apartment building. They followed a woman who left the building and elicited from her a story of having been threatened with torture in an apartment in the building. She led police to apartment…