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STATE v. SWAN

(CC 130242160; SC S064016).

420 P.3d 9 (2018)

363 Or. 121

STATE of Oregon, Respondent on Review, v. Andrew A. SWAN, Petitioner on Review.

Supreme Court of Oregon.

June 21, 2018.

Attorney(s) appearing for the Case

Kali Montague , Deputy Public Defender, Office of Public Defense Services, Salem, filed the briefs and argued the cause for petitioner on review. Also on the briefs was Ernest G. Lannet , Chief Defender.

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

Before Balmer, Chief Justice, and Kistler, Walters, Flynn, Duncan, and Nelson, Justices, and Lagesen, Judge of the Court of Appeals, Justice pro tempore.

Defendant was arrested for driving under the influence of intoxicants (DUII) and advised of his Miranda rights. In response, he invoked his right to counsel. Afterwards, the arresting officer asked defendant 28 DUII interview questions and then asked if he would consent to a breath test. Defendant moved to suppress his answers...

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