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STATE v. AMOS

090951030; A144830.

263 P.3d 1113 (2011)

245 Or. App. 637

STATE of Oregon, Plaintiff-Respondent, v. Patrick James AMOS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 21, 2011.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Jedediah Peterson, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

Before BREWER, Chief Judge, and EDMONDS, Senior Judge.

PER CURIAM.

Defendant, who was convicted of driving under the influence of intoxicants (DUII), ORS 813.010, argues that the trial court erred in denying his motion to suppress the results of a breath test showing a blood alcohol content of .11 percent. In particular, he asserts that, because the state failed to adduce sufficient evidence concerning whether a warrant could have been obtained, it did not demonstrate that the "exigent circumstances" exception to the...

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