Legal Opinion
State Ex Rel. Juvenile Department v. Gibson
Court of Appeals of Oregon
Decided April 30, 1986No. 84-275; CA A34460PublishedCited by 8 opinions
1Opinion of the CourtRichardson, P. J.
The state appeals from a juvenile court order suppressing certain statements that the juvenile made to the police. The central issue is whether her request, made during custodial interrogation, to speak to her mother invoked her Fifth Amendment right against compelled self-incrimination. We hold that it did not. However, we find that the state did not prove that she validly waived that right, and we affirm on that basis.
Our review is de novo. ORS 419.561(4); State ex rel Juv. Dept. v. Qutub, 75 Or App 298, 300, 706 P2d 962, rev den 300 Or 332 (1985). The juvenile and her mother were arrested…
2Cases cited17 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Edwards v. ArizonaSupreme Court of the United States · 1981
- In Re GAULTSupreme Court of the United States · 1967
- Harris v. New YorkSupreme Court of the United States · 1971
- Fare v. Michael C.Supreme Court of the United States · 1979
12 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Grand Jury ProceedingsCourt of Appeals for the Third Circuit · 1997
- People v. DixonMichigan Court of Appeals · 1987
- State Ex Rel. Juvenile Department v. CookCourt of Appeals of Oregon · 1996
- State v. AndersonCourt of Appeals of Oregon · 2001
- In Re Grand Jury ProceedingsCourt of Appeals for the Third Circuit · 1997
3 more not listed; retrieve them via the Exa API.