State v. Follett

Defendant appeals his convictions for possession of a controlled substance (cocaine), ORS 475.992, driving under the influence of intoxicants, ORS 813.010, and driving while suspended. ORS 811.175. He assigns error to the denial of his motion to suppress the fruits of a warrantless search of his car, which resulted in his conviction for possession of cocaine. The majority correctly states that the question is whether that warrantless search was permissible under the “emergency exception” to the warrant requirement. Because I disagree with its conclusion that it was permissible under that…