State v. Gile

The state appeals a pretrial order suppressing evidence of defendant’s performance of certain field sobriety tests, contending that the trial court erred in concluding that all of the tests are “testimonial” in nature and therefore subject to the right against self-incrimination contained in Article I, section 12, of the Oregon Constitution. Defendant argues that the trial court correctly concluded that all of the field sobriety tests are testimonial and that evidence of the results of those tests properly was suppressed. We conclude that one of the tests is testimonial in nature and subject…