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STATE v. SHIRK

070128CR; A142471.

273 P.3d 254 (2012)

248 Or. App. 278

STATE of Oregon, Plaintiff-Respondent, v. Amanda Kaye SHIRK, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 23, 2012.

Attorney(s) appearing for the Case

Joshua B. Crowther , Senior Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

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

ORTEGA, P.J.

Defendant was found to have violated a condition of her probation-that she obey all laws—by endangering the welfare of a minor, based on evidence discovered after she consented to a search of her motel room. Defendant appeals, arguing that the trial court erred in denying her motion to suppress evidence. She contends that her consent to the search was invalid because it was preceded by her unlawful seizure, followed by an unlawful custodial interrogation...

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