Legal Opinion

State v. Prickett

Oregon Supreme Court

Decided January 16, 1997No. DC 93CR-2105; CA A82870; SC S42692, S42853PublishedCited by 25 opinions

1Opinion of the CourtGraber, J.

This is a criminal case in which defendant was convicted of driving under the influence of intoxicants (DUII). The issue before us is whether questioning that occurs after the completion by a defendant of lawful field sobriety tests is “compelling,” as a matter of law, under Article I, section 12, of the Oregon Constitution, thereby requiring that such questioning always be preceded by Miranda-like warnings. We answer that question “no.”

On October 1, 1993, at about 10:30 p.m., an Oregon State Police trooper stopped defendant’s car for two traffic infractions: failure to have a license plate…

2Cases cited10 opinions

  1. Berkemer v. McCartySupreme Court of the United States · 1984
  2. State v. SmithOregon Supreme Court · 1990
  3. State v. CarlsonOregon Supreme Court · 1991
  4. State v. NagelOregon Supreme Court · 1994
  5. State v. WebbOregon Supreme Court · 1996

5 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State v. Roble-BakerOregon Supreme Court · 2006
  2. State v. ShaffOregon Supreme Court · 2007
  3. State v. WarnerCourt of Appeals of Oregon · 2002
  4. State v. WerowinskiCourt of Appeals of Oregon · 2002
  5. State v. NielsenCourt of Appeals of Oregon · 1997

20 more not listed; retrieve them via the Exa API.

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