State ex rel. Juvenile Department v. Gorger

Child appeals an order finding him to be within the jurisdiction of the juvenile court for having committed an act which, if done by adult, would constitute a crime. Former ORS 419.476(l)(a) (repealed by Or Laws 1993, ch 33, § 373). The trial court found that child gave false information to a police officer, as prohibited by ORS 162.385(1). On de novo review, we reverse.

On August 28, 1993, Portland police officer Nice contacted child during a curfew sweep of juveniles in downtown Portland. Nice asked child for his name and date of birth, because there would be no basis to take child into…