State v. Langevin

This case, like State v. Milligan, 304 Or 659, 748 P2d 130 (1988), involves the warrantless and unconsented extraction of blood from a person suspected of committing an alcohol-related crime. The Court of Appeals described the events giving rise to this appeal as follows:

“On January 1,1984, troopers Moreland and Milton of the Oregon State Police investigated a fatal single car traffic accident, which had occurred at approximately 2:35 a.m. on that date. Defendant was the driver; he was unconscious and seated behind the steering wheel in the driver’s seat; he had one passenger with him, who…