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Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance
by Mark Wilson
The Oregon Supreme Court ruled that warrantless entry into a home to obtain nonconsensual blood-alcohol concentration (“BAC”) evidence did not amount to an exigent circumstance that could justify the warrantless home entry.
At 10:15 p.m., on October 11, 2011, police were dispatched to a single-vehicle crash near ...
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More from this issue:
- Secret ATF Slush Fund Dispensed Millions, by Christopher Zoukis
- Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order, by Dale Chappell
- The Fair Punishment Project Details an “Epidemic of Brady Violations”, by Christopher Zoukis
- Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds, by Topher Sanders
- Cryptocurrency Leveraged to Help People Make Bail, by Derek Gilna
- What Is the Number One Duty of a Police Officer?, by Christopher Zoukis
- Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars, by Derek Gilna
- Massachusetts Breathalyzer Malfunctions, Evidence Withheld
- Fifth Circuit Vacates Sex Offender Supervised Release Conditions, by Mark Wilson
- Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges, by Mark Wilson
- Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders, by David Reutter
- “My Phone Was My Life”—Challenging Warrantless Border Searches of Devices, by Dale Chappell
- Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors, by Richard Resch
- 10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie, by Richard Resch
- Georgia Hearsay Admissible Under Co-Conspirator Exception, by Mark Wilson
- Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule, by Christopher Zoukis
- Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause, by Christopher Zoukis
- North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search, by David Reutter
- Compensating the Exonerated: State Laws Are Arbitrary and Senseless, by Christopher Zoukis
- Oregon Court Vacates Order Refusing to Seal Arrest Record, by Mark Wilson
- Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged, by Mark Wilson
- More Than Half of 2015 Police Killings Not Properly Documented in Government Data, by Christopher Zoukis
- Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests, by Christopher Zoukis
- 50 Alabama Cities Reform Bail Practices for Poor, by David Reutter
- Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy, by Mark Wilson
- Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit, by Christopher Zoukis
- 11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case, by David Reutter
- Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP, by Mark Wilson
- In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out, by Christopher Zoukis
- Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance, by Mark Wilson
- Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued, by Mark Wilson
- Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion, by Dale Chappell
- Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
- The Insanity Defense: It’s Not What You Think, by Christopher Zoukis
- Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity, by Mark Wilson
- New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge
- $5.5 Million Verdict Against Los Angeles Police Department for Taser Death
- Equivocal Request for Counsel Requires Police to Seek Clarification of Suspect’s Intent Under Oregon Law
- Stingray Technology Lets G-Men Into Your Pocket (and Your House, and Your Car...), by Christopher Zoukis
- Habeas Hints: Ineffective Assistance of Trial Counsel - Hints for 2018: IAC #1, by Tara Hoveland, Kent Russell
- Confronting the Myth in Police-Suspect Knife Confrontations, by Derek Gilna
- Yes, Lawsuits Are Expensive—But So Is Police Misconduct, by Antonio Romanucci
- $44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History, by Derek Gilna
- District Attorney in New York and Aide Indicted for Covering up Beating by Police Chief, by Derek Gilna
- From the Editor, by Richard Resch
- Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes
- News in Brief
- Have the Wars on Drugs and Terror Transformed the U.S. Into a Police State?, by Derek Gilna
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025. Police Misconduct, Retaliation for Filing Grievances.
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025. Police Misconduct, Computer Searches, Electronic Surveillance, Police/Govt Misconduct, Police Reports.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Chicago’s Police Body Cam Transparency, Feb. 1, 2025. Videotaping, Police, Police State-Surveillance.
- Corruption Charges Dropped Against Maryland Sheriff, Former Virginia Sheriff Headed to Trial, Dec. 15, 2024. Guard Misconduct, Police Misconduct.
- Two Former Georgia Sheriffs Sentenced for Misconduct, Related $5 Million Settlement Approved, Nov. 15, 2024. Police Misconduct, Settlements.
- Wisconsin District Attorneys’ Police Brady Lists Often Secret, Incomplete, or Nonexistent, Nov. 1, 2024. Police Misconduct, State Lists/Databases.
- Mistrial for Vermont Sheriff Who Kicked Shackled Detainee, Oct. 15, 2024. Police Misconduct, Mistrial Motion.
- Alabama Warden and Wife Busted for Making “Magic” Mushrooms, Oct. 15, 2024. Police Misconduct, War on Drugs.
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, Oct. 1, 2024. Criminal justice system reform, Police, Racial Profiling.