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STATE v. WESTLUND

TC C83-01-30264; CA A28733; SC S32164; SC S32168.

729 P.2d 541 (1986)

302 Or. 225

STATE of Oregon, Petitioner On Review/Respondent On Review, v. Bernard John WESTLUND, Respondent On Review/Petitioner On Review.

Supreme Court of Oregon.

Reassigned March 4, 1986.

Decided November 20, 1986.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review/respondent on review. With him on the petition for review was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Marc D. Blackman, Portland, filed the petition and argued the cause for respondent on review/petitioner on review. With him on the petition for review was Ransom, Blackman & Simson, Portland.

On the amicus curiae brief of the Oregon Dist. Attys. Ass'n was Irvin D. Smith, President, Michael D. Schrunk, Vice-President, Brenda M. Fitzgerald, Alexander Gordon, and John C. Bradley, members.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

CARSON, Justice.

This case presents two issues: (1) whether the failure of a police officer to take an obviously intoxicated person into civil custody before the person operated a motor vehicle renders unlawful the person's arrest for Driving While Under the Influence of Intoxicants (DUII); and (2) whether a warrant is required to test the contents of a transparent vial, lawfully seized in a search incident to an arrest, when there is probable cause to believe that...

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