State v. Sadler

The state moves for reconsideration of our decision, 85 Or App 134, 735 P2d 1267 (1987), in which we held that, because defendant was not in “custody” for Miranda purposes when Trooper Miller questioned her at the hospital, the protections of the Miranda rule did not apply to that questioning and, thus, did not preclude her later questioning by telephone. We based our ruling on both state and federal constitutional guarantees.

The state is concerned about the following language in our opinion on the test for determining “custody”:

“ ‘[Interrogation is custodial under Miranda if the police…