State v. Davis

Defendant appeals a judgment of conviction for driving while suspended (DWS), ORS 811.182. He was arrested after a Jackson County Sheriffs deputy randomly accessed defendants driving records after defendant drove by the deputy. Defendants driving records revealed that his license had been suspended. The deputy stopped defendant solely because his license had been suspended. Defendant assigns error to the trial courts denial of his motion to suppress all evidence that the deputy discovered during his random investigation. Defendant argues that the deputys investigation constituted an unreasonable search in violation of Article I, section 9, of the Oregon Constitution and that the deputys investigation imposed an unequal and standardless burden on defendant in contravention of Article I, section 20, of the Oregon Constitution. We review the trial courts legal conclusions under Article I, sections 9 and 20, for errors of law, State v. Ehly, 317 Or 66, 75, 854 P2d 421 (1993), and affirm.