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STATE v. MILLER

(CC 110646662) (CA A149963) (SC S064136).

422 P.3d 240 (2018)

363 Or. 374

STATE of Oregon, Petitioner on Review, v. William P. MILLER, Respondent on Review.

Supreme Court of Oregon.

July 26, 2018.

Attorney(s) appearing for the Case

Jamie K. Contreras , Assistant Attorney General, Salem, argued the cause and filed the brief for the petitioner on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

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

Before Walters, Chief Justice, and Balmer, Kistler, Nakamoto, Flynn, and Nelson, Justices.

The issue in this criminal case is whether a law enforcement officer, who was lawfully investigating whether defendant had been driving under the influence of intoxicants (DUII), unlawfully extended the investigatory stop by asking if defendant was carrying a firearm. In response to that question, defendant disclosed that he was carrying...

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