State v. Rhodes

In this criminal case, defendant was charged with the crime of driving while under the influence of intoxicants (DUII), ORS 813.010, after a police officer discovered him slumped over in the seat of his pickup, which was parked along a city street with its engine running. The driver’s door was slightly open and the interior dome light was on. The officer opened the door further, discovering a beer can and the odor of alcohol. Prior to his DUII trial, defendant moved the district court to suppress all evidence obtained from his person and his vehicle on the ground that the officer was…