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STATE v. BEESON

A166382.

479 P.3d 576 (2020)

307 Or.App. 808

STATE of Oregon, Plaintiff-Respondent, v. Harry Creighton BEESON, Defendant-Appellant.

Court of Appeals of Oregon.

December 9, 2020.

Attorney(s) appearing for the Case

Mark Kimbrell, Deputy Public Defender, argued the cause for appellant. Also on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Joanna L. Jenkins, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Mooney, Judge.

Police officers stopped defendant after it was reported that he had hit someone with his truck and that he was intoxicated. The state concedes that the officers violated defendant's state constitutional rights when, after the circumstances became compelling, they administered field sobriety tests (FSTs) to him and continued to ask him...

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