Oregon v. Maddux

Defendant was arrested for driving while under the influence of intoxicants (DUII). ORS 813.010. Before trial, defendant moved to suppress the results of his field sobriety tests and all derivative evidence on the ground that both the initial stop and the scope of the officers investigation were unlawful. The trial court denied that motion. After that decision, but before trial, the Oregon Supreme Court held that field sobriety tests constitute a search under both Article I, section 9, of the Oregon Constitution and the Fourth and Fourteenth Amendments to the United States Constitution. State v. Nagel, 320 Or. 24, 880 P.2d 451 (1994). Relying on Nagel, defendant filed a second motion to suppress on the grounds that the field sobriety tests constituted an unlawful search under the Oregon and federal constitutions. The trial court granted that motion and excluded the field sobriety tests and all derivative evidence. The state appeals from that order. ORS 138.060(3). We reverse.