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Oregon Supreme Court· 12/30/2021

State v. McCarthy

Citations

  • 369 Or. 129
  • 501 P.3d 478

How courts have described this case

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

  • holding that to establish exi- gent circumstances, the state “must prove that it could not obtain a warrant through reasonable steps, which include utilizing available processes for electronic warrants”
  • expressing that, where the fruits of a warrantless seizure are challenged through a motion to suppress, the state bears the burden of proving that exigent circumstances “actually existed at the time of the seizure”
  • overruling precedent that established per se exigency rule under state constitution in 1986 to now require the state to “prove that it could not obtain a warrant through reasonable steps, which include utilizing available processes for electronic warrants”
  • overruling precedent that established per se exigency rule under state constitution in 1986 to now require the state to “prove that it could not obtain a warrant through reasonable steps, which include utilizing available processes for electronic warrants”
  • “this court is willing to reconsider an earlier decision when it appears that the decision was incorrect, especially if, in making the decision, the court did not apply its usual interpretative methodology or was not presented with an important argument.”
  • “this court is willing to reconsider an earlier decision when it appears that the decision was incorrect, especially if, in making the decision, the court did not apply its usual interpretative methodology or was not presented with an important argument”

Source: CourtListener parenthetical corpus (CC0).

Judges: Duncan

Read full opinion on CourtListener

Cited by

20 cases in this archive cite this case.

Cites

60 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.