State v. Sherman

The issue is whether at the time the officer questioned defendant about the accident defendant was “in custody or otherwise deprived of his freedom of action in any significant way.” Miranda v. Arizona, 384 Or 436, 444, 86 S Ct 1602, 16 L Ed 2d 694 (1966). The majority concludes that defendant was not “in custody.” I disagree.

*152The majority acknowledges that the court’s finding that Hudson had not decided to arrest defendant at the time he questioned him does not end the inquiry.1 Three factors are relevant to whether a person is in custody or otherwise significantly deprived of his freedom:…