Legal Opinion

State v. Milligan

Oregon Supreme Court

Decided January 6, 1988No. TC CR 83-775 CA A36635 SC S33581 SC S33944PublishedCited by 59 opinions

1Opinion of the Court

*661GILLETTE, J.

This is a prosecution for criminally negligent homicide. We are called upon to determine the admissibility of blood samples extracted from a person suspected of committing a criminal offense relating to the consumption of alcohol, when the officer who requests the samples has neither a warrant nor the suspect’s consent. In this case, two samples were drawn at an officer’s behest, approximately one hour apart, and tested for alcohol content. Defendant moved to suppress the chemical analyses of the samples. The trial court denied defendant’s motion, and he was convicted. The Court…

2Cases cited11 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Cupp v. MurphySupreme Court of the United States · 1973
  3. State v. OwensOregon Supreme Court · 1986
  4. State v. MatsenOregon Supreme Court · 1979
  5. State v. HeintzOregon Supreme Court · 1979

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3Cited by59 opinions

  1. State v. NagelOregon Supreme Court · 1994
  2. State v. BohlingWisconsin Supreme Court · 1993
  3. State v. RyceSupreme Court of Kansas · 2016
  4. State v. MacHucaOregon Supreme Court · 2010
  5. State v. MoylettOregon Supreme Court · 1992

54 more not listed; retrieve them via the Exa API.

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