State v. Martin

Defendant appeals from his convictions for driving under the influence of intoxicants, delivery of methamphetamine, and possession of methamphetamine. ORS 813.010; ORS 475.992. He assigns as error the denial of his motion to suppress.

Officer Lish saw defendant slumped over the steering wheel of a car in a store parking lot. The car’s engine was running. She went over “to make sure [that defendant was] all right.” “I didn’t know if he was sick or asleep or what.” When her tapping on the window received no response, she opened the car door and shook defendant’s shoulder. She smelled alcohol and…