State v. Higley

A Columbia County deputy sheriff stopped defendant for driving a pickup truck “so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle.” ORS 815.025(1). During the stop, the deputy developed probable cause to believe that defendant was guilty of driving under the influence of intoxicants (DUII) and driving while his license was revoked. At trial, defendant moved to suppress the evidence discovered during and after the stop, arguing that the stop was unlawful because the statute purportedly authorizing it, ORS 815.025, was…