Legal Opinion
State v. Greenough
Court of Appeals of Oregon
Decided December 9, 1971No. 16041PublishedCited by 11 opinions
1Opinion of the CourtSchwab, C.J.
Defendant was convicted in the district court of driving under the influence of alcohol. ORS 483.992 (2). He appealed to the circuit court for a trial de novo and in that court filed a pretrial motion to suppress the evidence obtained by way of a blood sample taken from him while he was unconscious. The trial judge sustained this motion, and the state has appealed pursuant to ORS 138.060 (4).
The trial court’s decision that the blood test results should be suppressed was based entirely on statutory grounds. The trial court reasoned:
“The Legislature has, in the court’s opinion, provided an…
2Cases cited14 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- State v. CramOregon Supreme Court · 1945
- State v. FogleOregon Supreme Court · 1969
- State v. FindlaySupreme Court of Iowa · 1966
- Duckworth v. StateCourt of Criminal Appeals of Oklahoma · 1957
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. ScharfOregon Supreme Court · 1980
- State v. StoverOregon Supreme Court · 1975
- State v. AnnenCourt of Appeals of Oregon · 1973
- State v. StoverCourt of Appeals of Oregon · 1973
- Kauffman v. MOTOR VEHICLES DIV., DEPT. OF TRANSP.Court of Appeals of Oregon · 1972
6 more not listed; retrieve them via the Exa API.