State v. Boyd

Defendant was charged with the crime of driving a motor vehicle while under the influence of intoxicating liquor and was found guilty by the circuit judge, sitting without a jury. He claims various errors of law occurred.

Defendant’s first assignment of error is as follows:

“The seizure of breath from the appellant’s person after he had requested to call his attorney is a violation of appellant’s rights secured by the Fourth and Fourteenth Amendments of the United States Constitution, and by Article I, Section 9 of the Oregon Constitution.

As worded, the assignment of error does not complain of…