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STATE v. KILLION

057354; A135719.

211 P.3d 367 (2009)

229 Or. App. 347

STATE of Oregon, Plaintiff-Respondent, v. David Dean KILLION, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Kevin T. Lafky, Salem, argued the cause and filed the brief for appellant.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Defendant was convicted of driving under the influence of intoxicants (DUII) and resisting arrest. On appeal, he assigns error to the trial court's failure to suppress evidence obtained through two allegedly unlawful stops, arguing that the evidence derived from a violation of his right under Article I, section 9, of the Oregon Constitution1 to be free from unreasonable searches and seizures.2 The...

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