Legal Opinion
State v. Spencer
Oregon Supreme Court
Decided February 17, 1988No. TC 85-60405; CA A38156; SC S33521PublishedCited by 141 opinions
1Opinion of the Court
*61GILLETTE, J.
This driving under the influence of intoxicants (DUII) case once again presents this court with the question of what consequences follow if evidence of an intoxilyzer result is obtained from an arrested DUII suspect after police have refused to allow that suspect to contact an attorney. The Court of Appeals, with one judge dissenting, held that evidence of the intoxilyzer result was admissible in spite of the fact that the suspect had been denied access to counsel. State v. Spencer, 82 Or App 358, 728 P2d 566 (1986). In so holding, the Court of Appeals majority relied on this…
2Cases cited19 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
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3Cited by141 opinions
- Friedman v. Commissioner of Public SafetySupreme Court of Minnesota · 1991
- State v. WooleryIdaho Supreme Court · 1989
- McCambridge v. StateCourt of Criminal Appeals of Texas · 1989
- Fienen, Casey RayCourt of Criminal Appeals of Texas · 2012
- State v. MacHucaOregon Supreme Court · 2010
136 more not listed; retrieve them via the Exa API.