State v. Mazzola
238 Or. App. 201
Or. Ct. App.2010Background
- Mazzola and wife were convicted of possession and manufacture of marijuana based on a joint jury trial.
- Police entered the couple’s mobile home without a warrant after discovering marijuana plants on the front porch and a marijuana odor during a welfare check.
- The officers’ entry was justified, the trial court found, by an emergency aid/ community caretaking theory.
- Within the mobile home, officers discovered a grow operation and sought defendant’s consent to search further.
- Defendant signaled consent to a later officer after Miranda advisements, resulting in the seizure of more marijuana.
- On appeal, the court held the initial entry unlawful under the emergency aid exception and rejected attenuation/consent-based affirmance, reversing and remanding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the initial warrantless entry lawful under emergency aid? | State contends emergency aid justified entry. | Maz zola argues no emergency existed. | Emergency aid not justified; entry unlawful. |
| Is there an attenuation-based basis to uphold the search despite unlawful entry? | Consent attenuated unlawfulness to allow search. | Consent cannot cure initial illegality; most evidence obtained pre-consent. | Attenuation fails; suppression required for pre-consent evidence. |
| Does Miranda and related conduct retroactively validate consent to search? | Consent obtained after Miranda could be valid independently. | Consent cannot validate initial unlawful entry; scope of attenuation uncertain. | Consent cannot retroactively validate unlawful entry; suppression still required for earlier evidence. |
Key Cases Cited
- State v. Follett, 115 Or.App. 672 (1992) (outlines emergency aid elements)
- State v. Salisbury, 223 Or.App. 516 (2008) (no objective evidence of true emergency sufficient for emergency aid)
- State v. Baker, 237 Or.App. 342 (2010) (yelling/screaming evidence insufficient to justify entry)
- State v. Weaver, 319 Or.2d 212 (1994) (retroactive consent principles specifics)
- State v. Hall, 339 Or. 7 (2005) (attenuation of taint from unlawful conduct by consent)
- State v. Agnes, 118 Or.App. 675 (1993) (circumstances supporting emergency aid in domestic context)