State v. McMullen

In this driving under the influence of intoxicants (DUII) case, the state appeals a pretrial order suppressing the results of a urine test, obtained without a warrant, disclosing that defendant had ingested a variety of controlled substances. See ORS 138.060(l)(c) (state may appeal pretrial order suppressing evidence). The state argued that the evidence was admissible despite the absence of a warrant for three reasons: because defendant consented to the test, because exigent circumstances made obtaining a warrant impracticable, and because the test occurred incident to a lawful arrest. The…