State v. McKee

In this criminal case, defendant appeals the trial court’s judgment convicting him of one count of driving under the influence of intoxicants (DUII), ORS 813.010. On appeal, defendant assigns error to the trial court’s denial of his motion to suppress evidence that a sheriffs deputy obtained after following defendant onto farm property owned by defendant’s father. Defendant argues that the deputy’s entry onto the property violated Article I, section 9, of the Oregon Constitution.1 As explained below, the trial court erred in its analysis of whether the deputy’s entry violated Article I,…