- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 03-04-2015
- Case #: A153595
- Judge(s)/Court Below: Nakamoto, J. for the Court; Egan, J. and Armstrong, P.J. dissent.
- Full Text Opinion
The State appealed an order suppressing evidence and dismissing charges against Defendant. Defendant was driving in front of two patrol cars when the second saw a burst of sparks on the road. Defendant was stopped for allegedly throwing a lit cigarette out his vehicle window. During the stop, Defendant appeared intoxicated and was asked to perform field sobriety tests (FSTs). Defendant failed the FSTs and was arrested for Driving Under the Influence of Intoxicants and throwing lighted material on a public highway. Defendant moved to suppress the evidence of his intoxication for lack of reasonable suspicion, after the deputy testified that he had not seen Defendant throw anything. The trial court granted the motion and dismissed the case. On appeal, the State challenged the motion to suppress. The Court held that the State failed to show that the officer had a reasonable belief that Defendant threw the lit cigarette out his window and onto the road, and therefore the trial court correctly granted the motion to suppress. Affirmed.