|CALENDAR STATUS: Active|
|State of Oregon v. Teresa Ann Dicke|
|Newport High School|
|Andrew S. Chilton on behalf of Teresa Ann Dicke|
Pamela Johnstone Walsh on behalf of State of Oregon
|this case consolidated with S061740 for oral argument only|
*WILL NOT BE WEBCAST
Statement of Issues:
|State of Oregon v. Teresa Ann Dicke (S061770) (A150092) (appeal from Douglas County Circuit Court; opinion reported at 258 Or App 678, 310 P3d 1170 (2013)).|
Defendant Teresa Ann Dicke has been granted review of a Court of Appeals decision that affirmed a trial court's denial of defendant's motion to suppress evidence related to the warrantless search and seizure of her emaciated horse.
On review, the issues are:
(1) Does the emergency aid exception to the requirement of a search warrant under Article I, section 9, of the Oregon Constitution extend to animals?
(2) If the emergency aid doctrine does extend to animals under the state constitution, should it apply in a narrower category of cases than it does in relation to humans?
(3) Does the emergency aid exception to the requirement of a search warrant under the Fourth Amendment to the United States Constitution extend to animals?
(4) If the emergency aid doctrine does extend to animals under the federal constitution, should it apply in a narrower category of cases than it does in relation to humans?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: