Oregon v. Niles

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 487.540. He contends that the court erred in denying his motion to suppress the arresting officer’s testimony respecting his performance on field sobriety tests. He argues:

“Field sobriety tests constitute a search and seizure. Therefore, a warrant is required before a police officer can order an individual to perform field sobriety tests. Even if exigent circumstances exist for a warrantless search, there must be concurrent probable cause before these tests can be required.”

We affirm.

The arresting officer was…