STATE v. NAGEL

DC 91-3459; CA A76823; SC S40605.

880 P.2d 451 (1994)

320 Or. 24

STATE of Oregon, Respondent on Review, v. Jeffrey Dean NAGEL, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Resubmitted May 27, 1994.

Decided September 9, 1994.


Attorney(s) appearing for the Case

James N. Varner, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition and a response to the Court's questions was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response to the Court's questions were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.


CARSON, Chief Justice.

The central issue in this case is whether the administration of field sobriety tests violated defendant's right to be free from unreasonable searches and seizures under Article I, section 9, of the Oregon Constitution, and the Fourth Amendment to the Constitution of the United States.

The following statement of facts is uncontroverted. In August 1991, at a time of day when headlights were required by law to be illuminated, a Lincoln...

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