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STATE v. WILCOX

(CC 19CR75468) (SC S070063).

541 P.3d 226 (2023)

371 Or. 756

STATE of Oregon, Petitioner on Review, v. Jason Thomas WILCOX, Respondent on Review.

Supreme Court of Oregon, En Banc.

December 21, 2023.

Attorney(s) appearing for the Case

Rebecca M. Auten , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

John Evans , Deputy Public Defender, Office of Public Defense Services, Salem, filed the brief for respondent on review. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section.

This criminal case arises from the non-criminal seizure of defendant, pursuant to ORS 430.399(1), the public intoxication law, which provides that "[a]ny person who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to a treatment facility by a police officer...

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