State v. Dicke
258 Or. App. 678
Or. Ct. App.2013Background
- Defendant was charged with first-degree animal neglect (ORS 167.330) and first-degree animal abuse (ORS 167.320) after her horse became severely emaciated and at imminent risk of dying.
- Law enforcement seized the horse without a warrant; defendant moved to suppress evidence from that seizure before trial.
- Trial court denied the suppression motion; defendant was convicted of the charged crimes.
- On appeal, defendant argued the warrantless seizure violated Article I, section 9 of the Oregon Constitution and the Fourth Amendment.
- The court declined to adopt a broader state-constitutional rule (following its prior decision in State v. Fessenden) but addressed the federal claim.
- The court concluded exigent‑circumstances (emergency aid) justified the warrantless seizure and affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless seizure of the horse violated Article I, §9 (Oregon Constitution) | State: seizure justified by need to render immediate aid to the animal | Defendant: seizure violated state constitutional warrant requirement | Court rejected defendant’s state-constitutional claim, following State v. Fessenden |
| Whether the warrantless seizure violated the Fourth Amendment | State: exigent‑circumstances/emergency‑aid exception applies to animals | Defendant: Fourth Amendment prohibits seizure without warrant | Court held the emergency‑aid exigency exception applies to animals and justified the seizure |
Key Cases Cited
- Brigham City v. Stuart, 547 U.S. 398 (exigent‑circumstances/emergency‑aid exception to warrant requirement)
- State v. Fessenden, 258 Or. App. 639 (Or. Ct. App. 2013) (state‑constitutional standard permitting warrantless seizures to render immediate aid to animals)
- Davis v. State, 907 N.E.2d 1043 (Ind. Ct. App. 2009) (animal cruelty can create exigent circumstances for warrantless search)
- Morgan v. State, 289 Ga. App. 209 (Ga. Ct. App. 2008) (officer reasonably may enter without warrant when an animal appears in need of immediate aid)
- Brinkley v. County of Flagler, 769 So. 2d 468 (Fla. Dist. Ct. App. 2000) (distress of multiple animals justified warrantless entry)