If police have the implied consent to enter a home, just how far can they search? Such was a question in front of the Oregon Court of Appeals in State v. Danielson. In that case, police were called to check on the welfare of a man sleeping on the couch inside a home having an estate sale. When officers arrived, they found the man asleep and what appeared to be methamphetamine next to him. Searching for the homeowner, police entered a bedroom where the door was almost completely closed and found a woman sleeping, also with what appeared to be methamphetamine. Police arrested her. Her Portland Criminal Defense Attorneys argued that police did not have the right to search that room, so the evidence should be suppressed. The prosecution argued they had the implied consent to do so.
Implied Consent Explained by Portland Criminal Defense Attorneys
The court ruled that implied consent applies only to portions of the home where it would be consistent with the “social or legal norms of behavior,” such as the front room of a home having an estate sale. However, they found that police should not have entered the bedroom because the door was closed and they had no right to be in that part of the house. In agreeing with the Portland Criminal Defense Attorneys, the case was remanded and the appellate court ruled the evidence should have been suppressed.
If police do not have the right to search you, evidence can be suppressed and the case dismissed. This can be the difference between a guilty verdict and a not guilty verdict. At Kroll & Johnson, our Portland Criminal Defense Attorneys will aggressively fight for your freedom, forcing the police to obey the rule of law. If you feel your rights have been violated, contact us today for a consultation about your case.