State v. Delong

This criminal appeal is before us on remand from the Oregon Supreme Court, State v. Delong, 260 Or App 718, 320 P3d 653 (2014) (Delong I), rev’d and rem’d, 357 Or 365, 350 P3d 433 (2015) (Delong II). The issues on remand are narrow. After handcuffing defendant during a traffic stop, a deputy sheriff asked defendant whether there was anything in his car that the police “should be concerned about,” but he failed to advise defendant of his Miranda rights, in violation of Article I, section 12, of the Oregon Constitution.1 Defendant responded by saying “no” and then offering that the deputies…