State v. Fugate

Defendant was charged with driving under the influence of intoxicants. The trial court granted defendant’s motion to suppress evidence of defendant’s impairment on the ground that the arresting officer exceeded the permissible scope of an investigation authorized by ORS 810.410 during traffic stops. The state appealed, arguing that the officer lawfully obtained the evidence of defendant’s impairment, and, even if he did not, the evidence remained admissible under ORS 136.432. We reversed and remanded on the ground that, even if the officer obtained the evidence in violation of ORS 810.410,…