State v. Werowinski

The state appeals from a pretrial order suppressing statements made by defendant before his arrest on two counts of second-degree assault, ORS 163.175, and one count of fourth-degree assault, ORS 163.160. The issue on appeal is whether defendant made those statements while in custody or under “compelling circumstances” such that Miranda warnings relating to self-incrimination were first required under the United States or Oregon Constitutions. We conclude that, although defendant was not in full custody, his statements were made under compelling circumstances. Because Article I, section 12,…