Peace officer
- community caretaking functions
Source:
Section 133.033 — Peace officer; community caretaking functions, https://www.oregonlegislature.gov/bills_laws/ors/ors133.html
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Notes of Decisions
Police action “reasonably appears to be necessary” if action in remaining on premises is logically unavoidable or absolutely needed to accomplish goal of preventing serious harm to person or property. State v. Goodall, 219 Or App 325, 183 P3d 199 (2008)
Where police action to prevent serious harm includes warrantless search of home, search must fall within recognized exception to warrant requirement. State v. Goodall, 219 Or App 325, 183 P3d 199 (2008)
Lawful community caretaking search requires that search be type of action authorized under this section and fall within constitutional exception to search warrant requirement. State v. Martin, 222 Or App 138, 193 P3d 993 (2008), Sup Ct review denied