Full Case Name:  STATE OF OREGON, Petitioner on Review, v. AMANDA L. NEWCOMB, Respondent on Review.

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Country of Origin:  United States Court Name:  Oregon Supreme Court Primary Citation:  359 Or 756 (2016) Date of Decision:  Thursday, June 16, 2016 Judge Name:  LINDER, S. J. Jurisdiction Level:  Oregon Judges:  Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, Brewer, Justices, and Linder, Senior Justice pro tempore. Attorneys:  Jamie K. Contreras, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General. Andrew D. Robinson, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services. Lora Dunn, Animal Legal Defense Fund, Portland, filed the briefs for amici curiae Animal Legal Defense Fund, Association of Prosecuting Attorneys, National District Attorneys Association, Oregon Humane Society, and Oregon Veterinary Medical Association. Docket Num:  CC 110443303; CA A149495; SC S062387
Summary: In this case, the Supreme Court of Oregon reviewed a case in which defendant accused the State of violating her constitutional rights by taking a blood sample of her dog without a warrant to do so. Ultimately, the court held that the defendant did not have a protected privacy interest in the dog’s blood and therefore the state did not violate defendant’s constitutional rights. Defendant’s dog, Juno, was seized by the Humane Society after a worker made a visit to plaintiff’s home and had probable cause to believe that Juno was emaciated from not receiving food from plaintiff. After Juno was seized and taken into custody for care, the veterinarian took a blood sample from Juno to confirm that there was no other medical reason as to why Juno was emaciated. Defendant argued that this blood test was a violation of her constitutional rights because the veterinarian did not have a warrant to perform the test. The court dismissed this argument and held that once Juno was taken into custody, defendant had “lost her rights of dominion and control over Juno, at least on a temporary basis.” Finally, the court held that because Juno was lawfully seized and Juno’s blood was “not ‘information’ that defendant placed in Juno for safekeeping or to conceal from view,” defendant’s constitutional rights had not been violated.
Documents:  PDF icon State v Newcomb 2016.pdf (135.69 KB)
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