specially concurring.
With respect to Arrowsmith’s warrantless actions, I concur with the majority that there was no probable cause or exigent circumstances basis for them.
*205With respect to Toney’s activities, I disagree. Once again, the majority of this department raises purported police fear to the level of a constitution-overriding excuse.1
See, e.g., State v. Ehly, 109 Or App 456, 819 P2d 1386 (1991); State v. Schellhorn, 95 Or App 297, 769 P2d 221 (1989); see also State v. Wales, 91 Or App 10, 755 P2d 704 (1988) (Deits, J., dissenting); but see State v. Hicks, 89 Or App 540, 749 P2d 1221 (1988).