State v. Higley

237 P.3D 875, 236 OR.APP. 570, 2010.OR.0000548

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Descripción editorial

A Columbia County deputy sheriff stopped defendant for driving a pickup truck "so as to cause any greater noise or sound than is reasonably necessary for the proper operation of the vehicle." ORS 815.025(1). During the stop, the deputy developed probable cause to believe that defendant was guilty of driving under the influence of intoxicants (DUII) and driving while his license was revoked. At trial, defendant moved to suppress the evidence discovered during and after the stop, arguing that the stop was unlawful because the statute purportedly authorizing it, ORS 815.025, was unconstitutionally vague. He also argued that, by asking him to take a breath test after he had invoked his right to counsel, the officer violated Article I, section 12, of the Oregon Constitution and the Fifth Amendment to the United States Constitution. The trial court denied defendants motion, and he was convicted of DUII after entering a conditional guilty plea and reserving his right to appeal. We affirm.

GÉNERO
Técnicos y profesionales
PUBLICADO
2010
11 de agosto
IDIOMA
EN
Inglés
EXTENSIÓN
8
Páginas
EDITORIAL
LawApp Publishers
VENTAS
Innodata Book Distribution Services Inc
TAMAÑO
53.9
KB

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