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STATE v. BOYD

472 P.2d 844 (1970)

STATE of Oregon, Respondent, v. Thomas Jeffrey BOYD, Appellant.

Court of Appeals of Oregon, Department 1.

Decided July 30, 1970.

Attorney(s) appearing for the Case

Edward N. Fadeley, Eugene, argued the cause for appellant. With him on the brief was David L. Jensen, Eugene.

James C. Farrell, Deputy Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Doyle L. Schiffman, Dist. Atty., Roseburg.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.

PER CURIAM.

Defendant was charged with the crime of driving a motor vehicle while under the influence of intoxicating liquor and was found guilty by the circuit judge, sitting without a jury. He claims various errors of law occurred.

Defendant's first assignment of error is as follows:

"The seizure of breath from the appellant's person after he had requested to call his attorney is a violation of appellant's rights secured by the Fourth and Fourteenth...

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