State v. Hershey

DUNCAN, J. pro tempore

In this criminal case, defendant appeals the judgment convicting him of first-degree animal neglect, ORS 167.330.1 Defendant moved to suppress evidence gathered as a result of law enforcement officers’ warrantless entry onto his property, arguing that the entry violated his rights under Article I, section 9, of the Oregon Constitution.2 The trial court denied that motion, concluding that the search was justified under the emergency aid exception to the warrant requirement as we had recently interpreted that exception. See State v. Fessenden, 258 Or App 639, 649, 310 P3d…