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13 Oregon opinions name it 2 courts 1988–2023 4 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Mooregreen2 sentences2015See id. at___, 133 S Ct at 1558 ; cf. State v. Moore, 354 Or 493 , 497 n 5, 318 P3d 1133 (2013), adh’d to as modified on recons, 354 Or 835 , 322 P3d 486 (2014) (“In our view, the Court’s rejection [in McNeely] of a per se exigency rule is not inconsistent with our statement in [Machuca] that, while exigent circumstances are ‘ordinarily’ present in a case involving alcohol, that may not be true, depending on the facts of a particular case.”). 2015See id. at___, 133 S Ct at 1558 ; cf. State v. Moore, 354 Or 493 , 497 n 5, 318 P3d 1133 (2013), adh’d to as modified on recons, 354 Or 835 , 322 P3d 486 (2014) (“In our view, the Court’s rejection [in McNeely] of a per se exigency rule is not inconsistent with our statement in [Machuca] that, while exigent circumstances are ‘ordinarily’ present in a case involving alcohol, that may not be true, depending on the facts of a particular case.”). | 2 | 2 |
Missouri v. McNeelygreen2 sentences2015See id. at___, 133 S Ct at 1558 ; cf. State v. Moore, 354 Or 493 , 497 n 5, 318 P3d 1133 (2013), adh’d to as modified on recons, 354 Or 835 , 322 P3d 486 (2014) (“In our view, the Court’s rejection [in McNeely] of a per se exigency rule is not inconsistent with our statement in [Machuca] that, while exigent circumstances are ‘ordinarily’ present in a case involving alcohol, that may not be true, depending on the facts of a particular case.”). 2015See id. at___, 133 S Ct at 1558 ; cf. State v. Moore, 354 Or 493 , 497 n 5, 318 P3d 1133 (2013), adh’d to as modified on recons, 354 Or 835 , 322 P3d 486 (2014) (“In our view, the Court’s rejection [in McNeely] of a per se exigency rule is not inconsistent with our statement in [Machuca] that, while exigent circumstances are ‘ordinarily’ present in a case involving alcohol, that may not be true, depending on the facts of a particular case.”). | 2 | 2 |
State v. Portulanogreen2 sentences2022Finally, the majority considers critical in the analysis that Josephine County has refused to adopt a remote war- rant process and officers “were operating as if there was a per se exigency rule.” 320 Or App at 358. 2022We found “most critical[ ]” the evidence that the troopers “at the time of this stop were operating as if there was a per se exigency rule for warrantless blood draws, well after McNeely had established that there was not.” Id. at 358 . | 1 | 2 |
California v. Carneygreen2 sentences1995See California v. Carney, 471 US 386 , 105 SCt 2066 , 85 LEd2d 406 (1985). 1995See California v. Carney, 471 US 386 , 105 SCt 2066 , 85 LEd2d 406 (1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Brown
green
2 sentences2023The trial court ruled on that motion three months before the Supreme Court decided State v. McCarthy, which abrogated the per se exigency rule for automobile searches. 369 Or 129, 177 , 501 P3d 478 (2021) (overruling State v. Brown, 301 Or 268 , 721 P2d 1357 (1986)). 2023The trial court ruled on that motion three months before the Supreme Court decided State v. McCarthy, which abrogated the per se exigency rule for automobile searches. 369 Or 129, 177 , 501 P3d 478 (2021) (overruling State v. Brown, 301 Or 268 , 721 P2d 1357 (1986)). | 5 | 1988–2023 |
State v. Moore
green
2 sentences2015Cf. Moore II, 354 Or at 497 n 5 (“In our view, the Court’s rejection of a per se exigency rule [in McNeely] is not inconsistent with our statement in Machuca II that, while exigent circumstances are ‘ordinarily’ present in a case involving alcohol, that may not be true, depending on the facts of a particular case.”). 2015See id. at___, 133 S Ct at 1558 ; cf. State v. Moore, 354 Or 493 , 497 n 5, 318 P3d 1133 (2013), adh’d to as modified on recons, 354 Or 835 , 322 P3d 486 (2014) (“In our view, the Court’s rejection [in McNeely] of a per se exigency rule is not inconsistent with our statement in [Machuca] that, while exigent circumstances are ‘ordinarily’ present in a case involving alcohol, that may not be true, depending on the facts of a particular case.”). | 3 | 2015–2015 |
Carroll v. United States
green
2 sentences2017Accordingly, the court established a per se exigency rule for the exception based on its conclusion that the existence of “probable cause to believe that a lawfully stopped automobile which was mobile at the time of the stop contains contraband or crime evidence justifies an immediate warrantless search of the entire automobile for the object of the search, despite the absence of any additional exigent circumstances.” Id. 2017As announced in Brown , the exception applies if (1) “the automobile is mobile at the time it is stopped by police or other governmental authority” and (2) “probable cause exists for the search of the vehicle.” Id. at 274 . | 2 | 1995–2017 |
State v. McCarthy
green
2 sentences2023The trial court ruled on that motion three months before the Supreme Court decided State v. McCarthy, which abrogated the per se exigency rule for automobile searches. 369 Or 129, 177 , 501 P3d 478 (2021) (overruling State v. Brown, 301 Or 268 , 721 P2d 1357 (1986)). 2023The trial court ruled on that motion three months before the Supreme Court decided State v. McCarthy, which abrogated the per se exigency rule for automobile searches. 369 Or 129, 177 , 501 P3d 478 (2021) (overruling State v. Brown, 301 Or 268 , 721 P2d 1357 (1986)). | 1 | 2023–2023 |
Chambers v. Maroney
green
2 sentences2021In later cases, including Chambers v. Maroney, 399 US 42, 48-52 , 90 S Ct 1975 , 26 L Ed 2d 419 (1970), the Supreme Court relied on Carroll to create a per se exigency exception to the Fourth Amendment’s warrant requirement. 2021In later cases, including Chambers v. Maroney, 399 US 42, 48-52 , 90 S Ct 1975 , 26 L Ed 2d 419 (1970), the Supreme Court relied on Carroll to create a per se exigency exception to the Fourth Amendment’s warrant requirement. | 1 | 2021–2021 |
State v. Cromwell
green
2 sentences1995The majority claims that our decision in State v. Cromwell, 109 Or.App. 654 , 820 P.2d 888 (1991), nevertheless provides authority by which to conclude that the search in this case comes within the state automobile exception. 136 Or.App. at 148-151 , 901 P.2d at 877-878 . 1995The majority claims that our decision in State v. Cromwell, 109 Or.App. 654 , 820 P.2d 888 (1991), nevertheless provides authority by which to conclude that the search in this case comes within the state automobile exception. 136 Or.App. at 148-151 , 901 P.2d at 877-878 . | 1 | 1995–1995 |
State v. Burr
green
2 sentences1995The majority claims that our decision in State v. Cromwell, 109 Or.App. 654 , 820 P.2d 888 (1991), nevertheless provides authority by which to conclude that the search in this case comes within the state automobile exception. 136 Or.App. at 148-151 , 901 P.2d at 877-878 . 1995The majority claims that our decision in State v. Cromwell, 109 Or.App. 654 , 820 P.2d 888 (1991), nevertheless provides authority by which to conclude that the search in this case comes within the state automobile exception. 136 Or.App. at 148-151 , 901 P.2d at 877-878 . | 1 | 1995–1995 |
State v. Kock
green
2 sentences1995Instead of case-by-case judgments about exigency, which the Supreme Court sought to eliminate by creating a per se exigency rule, see Kock, 302 Or. at 33-34 , 725 P.2d 1285 , the police and courts must now make case-by-case judgments about likely mobility, in which likely mobility becomes a proxy for exigency. 1995Instead of case-by-case judgments about exigency, which the Supreme Court sought to eliminate by creating a per se exigency rule, see Kock, 302 Or. at 33-34 , 725 P.2d 1285 , the police and courts must now make case-by-case judgments about likely mobility, in which likely mobility becomes a proxy for exigency. | 1 | 1995–1995 |
State v. Langevin
neutral
2 sentences1990The state argues that Milligan and State v. Langevin, 304 Or 674 , 748 P2d 139 (1988), create a per se exigency rule for the extraction of blood samples from persons whom the police have probable cause to arrest for DUII. 1990The state argues that Milligan and State v. Langevin, 304 Or 674 , 748 P2d 139 (1988), create a per se exigency rule for the extraction of blood samples from persons whom the police have probable cause to arrest for DUII. | 1 | 1990–1990 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.