State v. Ritz

A jury convicted defendant of driving under the influence of intoxicants (DUII), ORS 813.010, and driving while suspended, ORS 811.182. The issue on appeal is whether police violated defendant’s constitutional rights when they forcibly entered his home, without a warrant, in order to apprehend defendant and obtain evidence of his blood alcohol level. The trial court ruled that the warrant-less entry was permissible under the circumstances, which included defendant’s evasion of police before returning to his residence. We affirm.

The relevant facts are undisputed. At approximately 10:15 p.m.,…