|CALENDAR STATUS: Active|
|State of Oregon v. Dina Louise Mazzola|
|La Grande High School 1|
|Daniel C. Bennett on behalf of Dina Louise Mazzola|
Susan G. Howe on behalf of the State of Oregon
|*WILL NOT BE WEBCAST|
Statement of Issues:
|State of Oregon v. Dina Louise Mazzola (S062126) (A148224) (appeal from Josephine County Circuit Court; opinion reported at 260 Or App 378, 317 P3d 360 (2013)).|
Defendant Dina Louise Mazzola has been granted review of a Court of Appeals decision that affirmed a trial court's denial of her motion to suppress evidence resulting from a police officer's warrantless administration of field sobriety tests (FSTs).
On review, the issue is:
Does an officer's suspicion that a person is driving under the influence of a controlled substance constitute a per se exigency such as to always allow the warrantless administration of FSTs?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: