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STATE v. RADTKE

06C49184; A136543.

255 P.3d 543 (2011)

242 Or. App. 234

STATE of Oregon, Plaintiff-Respondent, v. Stacy Quinn RADTKE, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Ryan O'Connor , Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan , Chief Defender, and Travis Eiva , Deputy Public Defender, Legal Services Division, Office of Public Defense Services.

Samuel A. Kubernick , Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers , Attorney General, and Mary H. Williams , Solicitor General.

Before ORTEGA, Presiding Judge, and SCHUMAN, Judge, and SERCOMBE, Judge.

SCHUMAN, J.

This case is before us on remand from the Supreme Court for reconsideration in light of State v. Ashbaugh, 349 Or. 297, 244 P.3d 360 (2010). In our first opinion, we held that a police officer unlawfully stopped defendant if she believed that her freedom had been significantly impaired when, without suspicion that she was involved in criminal activity, the officer asked for and received...

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