State v. Maddux

Defendant was arrested for driving while under the influence of intoxicants (DUII). ORS 183.010. Before trial, defendant moved to suppress the results of his field sobriety tests and all derivative evidence on the ground that both the initial stop and the scope of the officer’s investigation were unlawful. The trial court denied that motion. After that decision, but before trial, the Oregon Supreme Court held that field sobriety tests constitute a search under both Article I, section 9, of the Oregon Constitution and the Fourth and Fourteenth Amendments to the United States Constitution.…