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STATE v. BAILEY

(CC 101033810, CA A148109, SC S061647).

338 P.3d 702 (2014)

356 Or. 486

STATE of Oregon, Respondent on Review, v. Clark Allen BAILEY, aka Clarke Allen Bailey, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided November 6, 2014.

Attorney(s) appearing for the Case

Anne Fujita Munsey, Senior Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With her on the briefs was Peter Gartlan, Chief Defender, and Daniel Bennett, Deputy Public Defender.

Anna M. Joyce, Solicitor General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Ellen F. Rosenblum, Attorney General, and Peenesh H. Shah, Assistant Attorney General.

Police officers unlawfully detained defendant when he was a passenger in a car. During that unlawful detention, the officers ascertained defendant's identity and ran a warrant check, which revealed that defendant was the subject of an outstanding arrest warrant. The officers arrested defendant and, during a search incident to arrest,...

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