State v. Freytag

In this criminal case, the state appeals a pretrial order granting defendant’s motion to suppress the result of the breath test that he took following his arrest for driving under the influence of intoxicants (DUII). ORS 813.010; see ORS 138.060(l)(c) (state may appeal pretrial order suppressing evidence). The trial court ruled that, by allowing defendant the opportunity to contact an attorney but denying him the opportunity to contact anybody else, the police had violated his liberty interest under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. On…