State v. Fish

We are called upon once again in this criminal case to assess the scope of the protection provided by Article I, section 12, of the Oregon Constitution. Regrettably, the majority misunderstands the question presented and therefore gives the wrong answer. I therefore feel required to dissent.

Let me first note where I agree with the majority:(1) The advice given by the officer in this case was adequate to apprise the suspect of the consequence of the suspect’s refusal to take the field sobriety tests. The majority’s analysis on this subject is complete and correct.(2) The statutory and…