State v. Vondehn

*464WALTERS, J.

This criminal case raises two questions of first impression regarding the right against compelled self-incrimination in Article I, section 12, of the Oregon Constitution1 and the consequences of the failure to give Miranda warnings to a person who is in custody and subjected to custodial interrogation.

The uncontested facts establish that the police arrested defendant on a warrant, handcuffed him, and placed him in the back seat of a patrol car. A police officer then asked defendant two questions about a backpack that the officer had found in the car in which defendant had been a…