State v. Barber

The state appeals from a pretrial order suppressing the results of field sobriety tests defendant performed during a lawful stop for driving under the influence of intoxicants. ORS 813.010. The trial court suppressed that evidence based on its conclusion that “an officer must have probable cause and exigent circumstances prior to asking a subject to perform field sobriety tests” and its determination that the requesting officer lacked subjective probable cause. In so holding, the court expressly rejected the state’s contention that “defendant’s consent allows an officer to administer field…