State v. Ritz

BALDWIN, S. J. pro tempore

The parties in this case raise the issue of whether the natural dissipation of alcohol in a suspect’s body creates such an emergency that police officers may enter a suspect’s home without a warrant in order to secure the suspect’s blood-alcohol evidence. Article I, section 9, of the Oregon Constitution and the Fourth and Fourteenth Amendments to the United States Constitution prohibit unreasonable searches and generally treat warrantless searches as per se unreasonable. The warrant requirement, however, is subject to exceptions. One exception is for exigent…