State v. Killion

Defendant was convicted of driving under the influence of intoxicants (DUII) and resisting arrest. On appeal, he assigns error to the trial court’s failure to suppress evidence obtained through two allegedly unlawful stops, arguing that the evidence derived from a violation of his right under Article I, section 9, of the Oregon Constitution 1 to be free from unreasonable searches and seizures. 2 The state, in response, argues that defendant’s encounter with a Department of Fish and Wildlife (ODFW) biologist did not constitute a seizure for purposes of Article I, section 9, and that the…