State v. McDonald

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992. The issue is whether evidence discovered during a warrantless search of defendant’s residence, after defendant regained consciousness from an apparent heroin overdose and denied drug use, is admissible under the “emergency exception” to the warrant requirement. We affirm.

We recite the facts in some detail as they were developed at the hearing on the motion to suppress. Police and an emergency medical team responded to a 9-1-1 call regarding a drug overdose. Officer Welp testified 1 that, generally, before…