State v. Wischnofske

The state appeals the trial court’s order suppressing portions of a tape recording of statements defendant made while alone in the back seat of a patrol car following his arrest. Defendant cross-appeals the trial court’s denial of his motion to suppress evidence of his performance on field sobriety tests. We reverse on the appeal and affirm on the cross-appeal.

On September 29, 1991, while investigating a two-car accident, Officer Eastham reasonably suspected that defendant had been driving under the influence of intoxicants in violation of ORS 813.010. Eastham advised defendant that their…