STATE v. NEES

B854427; A109765

37 P.3d 1022 (2001)

178 Or. App. 339

STATE of Oregon, Appellant, v. Forrest D. NEES, Respondent.

Court of Appeals of Oregon.

Decided December 19, 2001.


Attorney(s) appearing for the Case

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Rolf C. Moan, Assistant Attorney General, filed the brief for appellant.

No appearance for respondent.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


LANDAU, P.J.

The state appeals an order suppressing evidence of a urine test result. The trial court concluded that the evidence is inadmissible, because it was obtained in violation of applicable state statutes that incorporate federal standards concerning testing for the presence of certain controlled substances. The state argues that a failure to comply with statutory testing standards does not require suppression. In...

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