State v. Stanley

Defendant was convicted after a bench trial of harassment, ORS 166.065, and interference with making a report, ORS 165.572. He appeals the denial of his motion to suppress evidence obtained after police entered his home without a warrant. We conclude that the warrantless entry into defendant’s home was not justified by the emergency aid exception to the warrant requirement. We also reject the state’s alternative argument that defendant consented to the entry. Accordingly, we conclude that the trial court erred in denying defendant’s motion to suppress, and reverse and remand the judgment.

In…