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Date: 10-29-2025
Case Style: State of Oregon v. Kenneth Scott Evers Hood
Case Number: 21CR51603
Judge: Brandon M. Thompson
Court: Circuit Court, Washington County, Oregon
Plaintiff's Attorney: Washington County, Oregon, District Attorney's Office
Defendant's Attorney:
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Description: Hillsboro, Oregon, criminal defense lawyer represented the Defendant charged with unlawfully manufacturing a Schedule I controlled substance, ORS 475.752.
The Defendant sought to suppress the evidence against him.
The Oregon appellate courts review the trial court's denial of a motion to suppress evidence gathered during a warrantless search for legal error. State v. Ehly, 317 Or. 66, 75, 854 P.2d 421 (1993). In doing so, we are bound by the trial court's express and implied findings of fact, when those facts are supported by sufficient evidence in the record. Id.; State v. Garcia, 276 Or.App. 838, 839, 370 P.3d 512 (2016). We recite the facts in light of that standard and defendant's contention that the record did not support one of the trial court's findings.
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Legal issue Does the emergency-aid exception to the warrant requirement under Article I, section 9, of the Oregon Constitution justify police officers' warrantless entry into a residence where there is smoke and potential fire threat, despite not having specific information regarding the presence of individuals needing assistance inside?
Key Phrases Unlawfully manufacturing a Schedule I controlled substance. Emergency-aid exception to Article I, section 9.
Objectively reasonable grounds. Warrantless entry is necessary. Rendering immediate aid to persons.
Outcome: The Defendant was found guilty.
Plaintiff's Experts:
Defendant's Experts:
Comments: