Oregon Supreme Court: Blood Draw is Not a “Search”

Posted by By Lora Dunn, Interim Director and Senior Staff Attorney, Criminal Justice Program on June 21, 2016

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Animal sentience matters! That was the message from the Oregon Supreme Court last week when it issued its ruling in State v. Newcomb. Overturning the 2014 decision by the Oregon Court of Appeals, the higher court ruled that a defendant owner, whose emaciated dog Juno was seized by law enforcement on probable cause of criminal animal neglect, did not have a protected privacy interest in that dog’s blood. The Animal Legal Defense Fund filed an amicus (“friend of the court”) brief in the case, joined by the Association of Prosecuting Attorneys, the National District Attorneys Association, the Oregon Humane Society, and the Oregon Veterinary Medical Association.

The defendant, Amanda Newcomb, had argued that drawing blood as part of a routine medical examination of the lawfully seized dog was a “search” under the Oregon Constitution and Fourth Amendment, which prohibit unreasonable searches. Rejecting that argument, the Oregon Supreme Court found that such an owner does not have a protected privacy interest in the interior of the lawfully seized dog under either the Oregon Constitution or the Fourth Amendment and therefore no “search” occurred.

Crucial to the Court’s finding was the unique nature of animals which, though legally considered property, are nonetheless “sentient beings capable of experiencing pain, stress and fear,” according to Oregon legislation the Animal Legal Defense Fund helped enact in 2013. The Court emphasized that this sentience matters when analyzing an owner’s privacy interest in the animal, and that an animal should not be analyzed like a closed container or any other object. The Court also recognized its recent decision extending the exigency exception to animals in recognizing that “some animals, such as pets, occupy a unique position in people’s hearts and in the law.” As the Court further explained,

“Oregon law prohibits humans from treating animals in ways that humans are free to treat other forms of property … A person can be as cruel or abusive as she wants to her own stereo or folder, and can neglect the maintenance of a car to the point where it will not operate, without legal consequence. The same is not true of an animal that a person owns or has custody of or control over.”

This Newcomb decision has enormous practical implications for those working tirelessly on the ground every day to rescue animals, including the Oregon Humane Society, which investigated Juno’s case and provided her medical care. The Court was clear that, even if law enforcement would use the results of a medical exam to purpose criminal charges, the veterinarian’s purpose in a blood test is medical diagnosis and treatment—and that’s what matters.

Now, investigators who lawfully seize an animal don’t have to go through the often cumbersome and time consuming process of securing a separate warrant before a veterinarian can perform a simple diagnostic exam to properly treat an abused or neglected animal. This ruling also ensures that animals lawfully seized during criminal investigations will be able to receive necessary, prompt medical attention without evidence suppression issues potentially jeopardizing the criminal cruelty case.

We applaud the great work of Oregon Attorney General Ellen Rosenblum and Assistant Attorney General Jamie Contreras, who presented the state’s case in oral argument, for their exceptional work on this case. Our sincere thanks as well to Virginia Coleman for her great work on the Animal Legal Defense Fund’s amicus brief.


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