State v. Garcia

I agree with the majority that police officers’ war-rantless entry into the home occupied by defendant and defendant’s wife, G, was justified under the emergency aid doctrine. 276 Or App at 849. I also agree with the majority that the perceived emergency dissipated at the point when the officers saw that G had no visible serious physical injuries. 276 Or App at 850-51. But I disagree with the majority’s conclusion that the officers could not constitutionally detain G as a “likely material witness” to a recent crime that involved a “danger of forcible injury.” See State v. Fair, 353 Or 588,…