State v. Hibler

Defendant was charged with driving under the influence of intoxicants (DUII). ORS 813.010. The state appeals an order suppressing evidence seized after a stop of defendant.1 ORS 138.060(3). We reverse.

These facts are not disputed: Shortly after midnight, while on patrol, Portland police officers Savage and Bechard drove up behind defendant’s car, which was stopped at a traffic light. The light was green for defendant. As the police car drove up behind it, defendant’s car did not move, but remained stationary for 15 to 30 seconds while defendant talked with or yelled at a pedestrian on the…