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State v. Ford

Citations

  • 801 P.2d 754
  • 310 Or. 623
  • 1990 Ore. LEXIS 366

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noncompliance with statutory “knock and announce” rule in executing warrant justified only if police reasonably suspect that compliance would create risk to their safety
  • statutes codifying the common law are to be construed in a manner consistent with the common law, absent clear legislative intent to the contrary
  • one reason for “knock and announce” rule is “to protect persons who might be injured by violent resistance to unannounced entries by law enforcement officers”
  • “What actually transpired is a question of fact for the finder of fact.”
  • entry without notice lawful where there was probable cause to believe defendant had five concealable weapons and an extensive criminal history with substantial evidence of his potentially violent character
  • “[W]hen a statute has been construed by the court of last resort of the state and is later reenacted, it is deemed that the legislature has adopted the court’s construction unless the contrary purpose is clearly shown.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hoomissen, Peterson, Carson, Gillette, Van Hoomissen, Fadeley, Unis

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

48 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.