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STATE v. CARDELL

98-2706; A105750

41 P.3d 1111 (2002)

180 Or. App. 104

STATE of Oregon, Appellant, v. Steve CARDELL, Respondent.

Court of Appeals of Oregon.

Decided March 13, 2002.

Attorney(s) appearing for the Case

Laura S. Anderson, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Alan D. Reynoldson, Newport, argued the cause and filed the brief for respondent.

Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.

LINDER, J.

Defendant was charged with driving under the influence of intoxicants (DUII), ORS 813.010, and moved to suppress, among other things, the results of field sobriety and breathalyzer tests that he took after the police questioned him. The trial court granted defendant's motion, concluding that the investigating police officer's touching of defendant's car tires—to determine if they were hot—was an unlawful search under Article I, section 9,...

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