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STATE v. PRADO

A174765.

511 P.3d 1137 (2022)

320 Or. App. 43

STATE of Oregon, Plaintiff-Appellant, v. Ivan Amisadai Reyes PRADO, aka Ivan A. Reyes, Defendant-Respondent.

Court of Appeals of Oregon.

June 2, 2022.

Attorney(s) appearing for the Case

Joanna Hershey , Assistant Attorney General, Portland, argued the cause for appellant. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Peter G. Klym , Deputy Public Defender, argued the cause for respondent. Also on the brief was Ernest G. Lannet , Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Before James, Presiding Judge, and Aoyagi, Judge, and Joyce, Judge.

The state appeals from a trial court order granting defendant's motion to suppress evidence discovered during a traffic stop. In granting the motion to suppress, the trial court concluded that "probable cause is required for asking a person to perform field sobriety tests." Defendant cross-assigns error to the trial court's order concluding...

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