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STATE v. BACKSTRAND

(CC C071116CR; CA A136163; SC S058019 (Control), S058318).

313 P.3d 1084 (2013)

354 Or. 392

STATE of Oregon, Respondent on Review, v. Steven Nicholas BACKSTRAND, Petitioner on Review. State of Oregon, Petitioner on Review, v. Steven Nicholas Backstrand, Respondent on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Anna Marie Joyce, Assistant Attorney General, Salem, argued the cause for petitioner on review State of Oregon. On the brief were John R. Kroger Attorney General; Mary H. Williams, Solicitor General; and Jamie K. Contreras, Assistant Attorney General.

Neil F. Byl, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for respondent on review Steven Nicholas Backstrand. With him on the brief was Peter Gartlan, Chief Defender.

LINDER, J.

In two recent cases, we have held that officers who had lawfully seized individuals for purposes of investigation also could, consistently with Article I, section 9, of the Oregon Constitution, request and verify the individuals' identifications. In particular, in State v. Fair, 353 Or. 588, 609, 302 P.3d 417 (2013), we held that an officer may temporarily detain a person whom the...

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