Legal Opinion

State v. SCHWERBEL

Court of Appeals of Oregon

Decided January 27, 2010No. 06FE1911MA; A138080PublishedCited by 14 opinions

1Opinion of the CourtRosenblum, P. J.

Defendant appeals a judgment of conviction for driving while suspended and possession of a controlled substance. Defendant assigns error to the trial court’s denial of his motion to suppress, arguing that the arresting officer elicited an incriminating statement from defendant while he was being interrogated under compelling circumstances without informing defendant of his Miranda rights. For the reasons that follow, we conclude that the trial court erred in denying defendant’s motion to suppress. Accordingly, we reverse and remand.

We take the following relevant facts from the record of the…

2Cases cited15 opinions

  1. State v. EhlyOregon Supreme Court · 1993
  2. State v. HallOregon Supreme Court · 2005
  3. State v. Roble-BakerOregon Supreme Court · 2006
  4. State v. MageeOregon Supreme Court · 1987
  5. State v. ShaffOregon Supreme Court · 2007

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

3Cited by14 opinions

  1. State v. Heise-FayCourt of Appeals of Oregon · 2015
  2. State v. GrimmCourt of Appeals of Oregon · 2018
  3. State v. FordCourt of Appeals of Oregon · 2011
  4. State v. NelsonCourt of Appeals of Oregon · 2017
  5. State v. StoneCourt of Appeals of Oregon · 2015

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API