OR: Evidence of refusal of a breath test doesn’t violate state constitution on self-incrimination or search

Because refusal of consent is a statutory rather than a constitutional issue, “the state’s use of evidence of defendant’s refusal to consent to a breath test at trial did not violate defendant’s right against compelled self-incrimination under Article I, section 12, or his right to be free from unreasonable searches and seizures under Article I, section 9.” State v. Banks, 286 Ore. App. 718, 2017 Ore. App. LEXIS 879 (July 12, 2017).

Officers responding to an assault call came upon a camper at a residence to talk to the occupant about the call and the door was slammed in their face. They could smell methamphetamine at the front door. Going around to the back door for security didn’t matter, and it wasn’t raised in the trial court. State v. Dobbins, 2017 S.C. App. LEXIS 56 (July 12, 2017).*

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