State v. M.T.F.

ORS 163.208 states: “A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer and while the other person is acting in the course of official duty.”

M (youth) appealed from a judgment after she assaulted a public safety officer. M asserted two assignments of error: first, that the juvenile court erred by denying her motion to suppress evidence; and second, by adjudicating her as a delinquent for an act that, if committed by an adult, would constitute assaulting a public safety officer under ORS 163.208. M argued that the State had not met its burden of proving each element of the emergency aid exception, and the officer had no reason to enter her home. The State responded that the officers had an objectively reasonable belief that warrantless entry was necessary to render emergency aid. “A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer and while the other person is acting in the course of official duty.” ORS 163.208. The Court found that the emergency aid exception to the warrant applied, because M was exhibiting signs of drug overdose. M also argued that the State’s evidence was insufficient to disprove her claim of self-defense. The State asserted that she lacked a reasonable belief that her use of force against the officer was necessary to defend herself. The Court agreed and held that because the officers had announced they were leaving and warned M not to use any force, M had no reason to believe she needed to defend herself. AFFIRMED.