State v. Stroup

Defendant was charged with driving while under the influence of intoxicants (DUII). ORS 813.010. She moved to suppress the evidence of what occurred after her vehicle was stopped on the ground that the arresting police officer did not have probable cause to administer field sobriety tests under Article I, section 9, of the Oregon Constitution. See State v. Nagel, 320 Or 24, 31, 880 P2d 451 (1994) (holding that the administration of field sobriety tests constitutes a search within the meaning of section 9). The trial court allowed her motion, and the state appeals. We affirm.

In reviewing an…