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State v. Parras
Citations: 822 P.2d 151; 110 Or. App. 200; 1991 Ore. App. LEXIS 1874Docket: 89-CR-0221-15; CA A65259
Court: Court of Appeals of Oregon; December 11, 1991; Oregon; State Appellate Court
The Oregon Court of Appeals reviewed a case where the state appealed a pretrial decision suppressing evidence obtained from a parked pickup truck linked to a shooting incident. The defendant, Rudy Nino Parras, faced multiple charges including attempted unlawful use of a deadly weapon and driving under the influence. On November 10, 1989, police received a report of gunfire involving a pickup truck. Officer Toney discovered the truck parked behind a tavern, where he observed a rifle and empty casings inside. He seized the rifle after detecting the smell of gunpowder. The trial court ruled that, despite probable cause, there were no exigent circumstances to justify the warrantless search. However, the appeals court found that exigent circumstances did exist due to the potential danger posed by the unlocked truck containing a firearm, the recent shooting, and the presence of other individuals nearby. The court reversed the suppression order, indicating that the urgency of the situation warranted the officer's actions. Toney's entry into the vehicle and seizure of a rifle were justified due to exigent circumstances, as he believed two suspects involved in a crime were nearby and posed a risk of tampering with evidence or threatening his safety. This situation contrasts with the precedent set in State v. Nicholson, where generalized concerns without identifiable suspects did not establish exigency. The court found that Toney's specific concerns were legitimate, allowing him to act without a warrant. In contrast, Arrowsmith's warrantless seizure of cartridges was not justified, as by the time he acted, additional officers were present, and one suspect had already been arrested, eliminating the necessity for immediate action. Therefore, the trial court correctly suppressed the cartridges and cases. Chief Judge Joseph concurred with the conclusion regarding Arrowsmith but disagreed with the majority's treatment of Toney's actions, suggesting that police fears should not overshadow constitutional rights. Toney cited two main reasons for seizing the rifle: evidence preservation and personal safety concerns regarding the potential presence of the suspects.