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STATE v. McMULLEN

D092959T; A144727.

279 P.3d 367 (2012)

250 Or. App. 208

STATE of Oregon, Plaintiff-Appellant, v. Kim Rae McMULLEN, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 31, 2012.

Attorney(s) appearing for the Case

Jennifer S. Lloyd , Attorney-in-Charge, Criminal Appeals, argued the cause for appellant. On the brief were John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Joanna L. Jenkins , Assistant Attorney General.

David J. Celuch , Portland, argued the cause and filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

In this driving under the influence of intoxicants (DUII) case, the state appeals a pretrial order suppressing the results of a urine test, obtained without a warrant, disclosing that defendant had ingested a variety of controlled substances. See ORS 138.060(1)(c) (state may appeal pretrial order suppressing evidence). The state argued that the evidence was admissible despite the absence of a warrant...

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