Legal Opinion

State v. Roberti

Court of Appeals of Oregon

Decided April 20, 1981No. T79-12-0348, CA 18838PublishedCited by 4 opinions

1Opinion of the CourtWarren, J.

Defendant was convicted of the Class A traffic infraction of driving under the influence of intoxicants (ORS 487.540) after a trial to the court. He appeals from the judgment of conviction on the grounds that he made incriminating statements under circumstances which violated his rights under Miranda v. Arizona, 384 US 436, 86 S Ct 1602, 16 L Ed 2d 694, 10 ALR3d 974 (1966), and that those admissions should not have been admitted into evidence over his objection. We reverse and remand.

On December 1, 1979, at approximately 2:10 a.m., an Oregon State Police officer observed defendant’s…

2Cases cited11 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Oregon v. MathiasonSupreme Court of the United States · 1977
  4. State v. Van HooserOregon Supreme Court · 1973
  5. State v. PazCourt of Appeals of Oregon · 1977

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3Cited by4 opinions

  1. State v. RobertiOregon Supreme Court · 1984
  2. State v. BakerCourt of Appeals of Oregon · 1983
  3. State v. RobertiOregon Supreme Court · 1984
  4. State v. RobertiOregon Supreme Court · 1982

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