State v. Tabib
238 Or. App. 725
Or. Ct. App.2010Background
- Deputy Brewster responded to a 9-1-1 call alleging a domestic disturbance with sounds of violence; anonymous caller reported someone being 'slammed around.'
- Brewster arrived within minutes and, with back-up, spent about 20 minutes knocking and announcing entry before forcing open the door.
- There were no observable signs of forced entry or occupants responding to police; two vehicles were at the residence.
- Complainant identified the vehicles and stated the sounds indicated one person was hitting another; deputies did not hear a physical struggle inside.
- The trial court suppressed evidence found after entry, concluding no exceptional emergency justified warrantless entry under emergency aid doctrine.
- The State appealed, arguing that the entry was justified by emergency aid due to potential injury and need to check welfare.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emergency aid justified the warrantless entry. | Tabib | Tabib | Emergency aid justified entry; suppression reversed |
| Whether Brewster had subjective belief that entry was necessary to protect life. | State | Tabib | Yes, Brewster believed someone may be injured or held hostage |
| Whether the belief was objectively reasonable under the circumstances. | State | Tabib | Yes, circumstances indicated true emergency due to physical violence indicators |
| Whether anonymous 9-1-1 information undermines reliability for emergency aid. | State | Tabib | Anonymity alone does not defeat objective emergency basis |
Key Cases Cited
- State v. Agnes, 118 Or. App. 675 (1993) (true emergency supported by sounds of violence and visible distress)
- State v. Salisbury, 223 Or. App. 516 (2008) (no objective danger where only verbal dispute; no emergency)
- State v. Martin, 222 Or. App. 138 (2008) (subjective belief must be evaluated for objective reasonableness at entry)
- State v. Burdick, 209 Or. App. 575 (2006) (objective indicia required for emergency existence)
- State v. Fredricks, 238 Or. App. 349 (2010) (life-threatening emergency not shown by mere loud argument)
- State v. Baker, 237 Or. App. 342 (2010) (distinguishes verbal from physical altercation for emergency aid)
- State v. Martofel, 151 Or. App. 249 (1997) (circumstances assessed at time of entry; after-acquired knowledge allowed later context)
- State v. Toevs, 327 Or. 525 (1998) (principles guiding emergency aid analysis and reasonableness)
- State v. Follett, 115 Or. App. 672 (1993) (emergency aid framework articulation for warrantless entry)