Legal Opinion
State v. Smith
Oregon Supreme Court
Decided September 16, 1986No. DC M3-44; CA A29648; SC S31395PublishedCited by 59 opinions
1Opinion of the Court
*683CAMPBELL, J.
The question is whether Article I, section 12, of the Oregon Constitution1 requires that persons detained for questioning by law enforcement officers be given warnings similar to those required by Miranda v. Arizona, 384 US 436, 86 S Ct 1602, 16 L Ed 2d 694 (1966), under the federal Fifth Amendment.2 We hold that it does not.
Two deputy sheriffs responding to a report of a vehicle off the road observed defendant about 150 yards from the disabled vehicle. When defendant saw the deputies he began to run, but stumbled and fell. The deputies approached defendant and assisted him back…
2Cases cited50 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Escobedo v. IllinoisSupreme Court of the United States · 1964
- Berkemer v. McCartySupreme Court of the United States · 1984
- Malloy v. HoganSupreme Court of the United States · 1964
- Oregon v. ElstadSupreme Court of the United States · 1985
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3Cited by59 opinions
- State v. StevensOregon Supreme Court · 1991
- Elliott v. StateSupreme Court of Georgia · 2019
- Sitz v. Department of State PoliceMichigan Supreme Court · 1993
- State v. MageeOregon Supreme Court · 1987
- State v. VondehnOregon Supreme Court · 2010
54 more not listed; retrieve them via the Exa API.