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Tough one! I'd like to see some better-focussed pics if you can get them. Leaning towards Chipping Sparrow, though it appears to have streaked flanks (which Chipping shouldn't!)
Altho' I've yet to find any info/resources that specifically mention [their] having a 'crest-like something' atop of their heads of which they can 'raise & lower' at will - - the Lincolns' do have it and use it frequently!
This same lil leary bird sure had me baffled, for the longest time also!