State v. Magee

Defendant appealed a conviction of assault in the second degree, asserting that the circuit court erred in admitting evidence of statements obtained from defendant by police questioning without prior warnings that his answers potentially could be used in prosecuting him for an offense. The Court of Appeals affirmed without opinion. We allowed review and reverse the conviction.

The question is whether the officer questioned defendant'under conditions that would lead defendant to feel “compelled” to “testify against himself,” Oregon Constitution, Article I, section 12, or to “be a witness…