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STATE v. KREIS

SC S066329.

451 P.3d 954 (2019)

365 Or. 659

STATE of Oregon, Respondent on Review, v. Eric Lawrence KREIS, Petitioner on Review.

Supreme Court of Oregon, En Banc.

November 7, 2019.

Attorney(s) appearing for the Case

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

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

In this criminal case, an officer seized defendant without a constitutional basis for doing so, and, to effectuate that unconstitutional stop, ordered him to turn and be handcuffed. Defendant refused and was convicted, under ORS 162.247(1)(b), of interfering with a peace officer for refusing to obey a "lawful order." For the reasons...

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