Legal Opinion

State v. Bush

Court of Appeals of Oregon

Decided January 4, 2006No. 04C45654; A126601PublishedCited by 16 opinions

1Opinion of the Court

HULL, J. pro tempore

The state appeals from a pretrial order suppressing statements that defendant made to a police officer before defendant was arrested for driving while under the influence of intoxicants (DUII), ORS 813.010. In issuing its order, the trial court concluded that the officer’s failure to provide defendant with Miranda warnings rendered defendant’s statements inadmissible. We agree with the state that Miranda warnings were not required in this case because, at the time he made the statements to a police officer, defendant was not in full custody, nor were the statements made…

2Cases cited19 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Oregon v. MathiasonSupreme Court of the United States · 1977
  4. Stansbury v. CaliforniaSupreme Court of the United States · 1994
  5. State v. SmithOregon Supreme Court · 1990

14 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. Heise-FayCourt of Appeals of Oregon · 2015
  2. State v. DunlapCourt of Appeals of Oregon · 2007
  3. State v. HarrymanCourt of Appeals of Oregon · 2016
  4. State v. SCHWERBELCourt of Appeals of Oregon · 2010
  5. State v. NorthcuttCourt of Appeals of Oregon · 2011

11 more not listed; retrieve them via the Exa API.

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