Legal Opinion

State v. Wandle

Court of Appeals of Oregon

Decided October 16, 1985No. 35849; CA A32153PublishedCited by 4 opinions

1Opinion of the Court

*748ROSSMAN, J.

In this negligent homicide case, the state appeals a pretrial ruling which held that defendant was in “custody” and suppressed statements he made to police because he had not been given Miranda warnings. Because we conclude that defendant was not in custody, we reverse.

Defendant, a long haul truck driver, was charged with two counts of negligent homicide in connection with a motor vehicle collision which occurred in the early hours of August 19, 1983. Defendant was traveling east on Highway 20 about 47 miles east of Bend when his headlights malfunctioned. He was subsequently…

2Cases cited5 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berkemer v. McCartySupreme Court of the United States · 1984
  3. Ball v. GladdenOregon Supreme Court · 1968
  4. State v. SmithCourt of Appeals of Oregon · 1985
  5. State v. HackworthCourt of Appeals of Oregon · 1984

3Cited by4 opinions

  1. State v. DinsmoreCourt of Appeals of Oregon · 2002
  2. State v. GroverCourt of Appeals of Oregon · 2004
  3. State v. SheltonCourt of Appeals of Oregon · 1991
  4. State v. WandleCourt of Appeals of Oregon · 1985

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