State v. Lorenzo
252 Or. App. 263
Or. Ct. App.2012Background
- Beaverton police responded to a suicide-with-a-noose report involving Kyle outside his ex-fiancé's apartment and learned he lived with defendant Jeff and owned a firearm.
- Kyle was detained, the noose removed, and officers proceeded to the upstairs apartment where defendant resided.
- Officer Wujcik knocked on the exterior door, called defendant by name, and attempted to contact him after no response to phones and door knocks.
- Wujcik entered the apartment without a warrant, knocked on defendant’s bedroom door, and, after defendant appeared awake, asked to come inside; defendant consented to speak and permitted a search after smelling marijuana.
- Inside the bedroom, officers found marijuana, drug paraphernalia, and a firearm; Miranda warnings were given and defendant made incriminating statements.
- Trial court denied suppression of the bedroom search; the court relied on the emergency aid exception (which the court later found not applicable on appeal) and did not address the alternative argument about exploitation of illegality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the emergency aid exception justified the warrantless entry | State: emergency aid exception applies to assist a potentially harmed person. | Jeff: no articulable facts showing imminent harm or need to enter. | Emergency aid exception does not apply. |
| Whether defendant's consent to search was tainted by the prior illegality | State: consent was independent or attenuated from unlawful entry. | Consent flowed from illegality and should be suppressed. | Consent was not attenuated; evidence must be suppressed. |
| Whether suppression is required due to exploitation or continuing taint | State: no exploitation; suppression not required if consent independent. | Illegality tainted subsequent consent; evidence should be suppressed. | Suppression required; case remanded. |
Key Cases Cited
- State v. Baker, 350 Or 641 (2011) (emergency aid exception framework and necessity of articulable facts)
- State v. Wan, 251 Or App 74 (2012) (articulable facts supporting emergency aid absent in case)
- State v. Hall, 339 Or 7 (2005) (minimal nexus and causal connection between illegality and consent for suppression)
- State v. Ehly, 317 Or 66 (1993) (consistency with trial court findings when supported by record)