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OREGON v. NILES

57474S; CA A32075.

703 P.2d 1030 (1985)

State of OREGON, Respondent, v. Jerry Dick NILES, Appellant.

Court of Appeals of Oregon.

Argued and Submitted November 21, 1984.

Attorney(s) appearing for the Case

Stephen R. Kelly, Oregon City, argued the cause and filed the brief for appellant.

Thomas H. Denney, Assistant Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 487.540. He contends that the court erred in denying his motion to suppress the arresting officer's testimony respecting his performance on field sobriety tests. He argues:

"Field sobriety tests constitute a search and seizure. Therefore, a warrant is required before a police officer can order an individual to perform field sobriety tests. Even...

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