State v. Swan

NAKAMOTO, J. pro tempore

This criminal appeal concerns the partial denial of defendant’s motion to suppress evidence. Defendant was convicted of driving under the influence of intoxicants (DUII), ORS 813.010 (Count 1), and reckless driving, ORS 811.140 (Count 2). Before trial, the court determined that a law enforcement officer impermissibly interrogated defendant without an attorney present, a violation of defendant’s right against self-incrimination under Article I, section 12, of the Oregon Constitution.1 As a result, the trial court suppressed some of defendant’s statements.

However, the…