Articles Posted in Oregon Supreme Court

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Defendant Amanda Newcomb was convicted of second-degree animal neglect after she failed to adequately feed her dog, Juno, resulting in his malnourishment. Before trial, defendant moved to suppress blood test results showing that Juno had no medical condition that would have caused him to be malnourished, which in turn indicated that Juno was malnourished because he was starving. Defendant argued that the state had violated both Article I, section 9, of the Oregon Constitution, and the Fourth Amendment to the federal Constitution by failing to obtain a warrant before testing the dog’s blood. The trial court denied the motion and allowed the state to introduce the test results during trial. Defendant appealed to the Court of Appeals, which agreed with defendant that she had a protected privacy interest in her dog’s blood that required the state to obtain a search warrant, unless the circumstances fit within an exception to the warrant requirement, and reversed. The Supreme Court concluded defendant had no privacy interest in the dog's blood under the State or federal constitutions, and reversed. View "Oregon v. Newcomb" on Justia Law