1. Home
  2. Browse Decisions
  3. P.3d
  4. 215 P.3d
  5. 215 P.3d 876 (2009)
 

STATE v. SILBERNAGEL

07C41549; A138359.

215 P.3d 876 (2009)

229 Or. App. 688

STATE of Oregon, Plaintiff-Appellant, v. Jude Erich SILBERNAGEL, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 15, 2009.

Attorney(s) appearing for the Case

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Erin C. Walters argued the cause for respondent. With her on the brief was Elton T. Lafky, Salem.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

The state appeals a pretrial order granting defendant's motion to suppress evidence of breath test results in this prosecution for driving under the influence of intoxicants (DUII). Defendant initially refused to take the breath test but then agreed to take it after the arresting officer told him that, if he did not, the officer could apply for a search warrant for a blood sample and that the sample could be obtained by force if defendant did not cooperate...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases