State v. Brown

Arguments that a defendant intends to raise on appeal must be preserved at the trial level.

Defendant entered a conditional plea of guilty for driving under the influence of intoxicants (DUII), ORS 813.010 and appealed the resulting judgment, assigning error to the trial court's denial of his motion to suppress evidence of his intoxication obtained as a result of a warrantless search of his bedroom. Defendant contended that the search was unlawful under Article I, section 9, of the Oregon Constitution,and the Fourth Amendment to the United States Constitution. Officers arrived at the scene of an abandoned car that had been in an accident. Officers contacted the registered owner, who lent the car to Defendant. Officers went to Defendant's residence, and were allowed in by his grandmother. Officers went down to Defendant's room, and smelled a strong odor of alcohol and saw mud on Defendant. Defendant admitted to officers he had crashed the car. Officers administered a horizontal gaze test. Officers determined Defendant was under the influence of intoxicants and took him into custody for DUII. Defendant's grandmother open the door, and therefore she consented to the officer's entry. Defendant failed to preserve his arguments on appeal. Affirmed.