State v. Delong

*367KISTLER, J.

During a traffic stop, a deputy sheriff placed defendant in custody and then asked him, without first advising him of his Miranda rights, “if there was anything we should be concerned about” in his car. Defendant “told [the deputy] ‘no,’ and that if we wanted to search the vehicle, we could.” On appeal, the state conceded that the deputy violated Article I, section 12, of the Oregon Constitution when he asked defendant that question without first advising him of his Miranda rights. The state argued, however, that the physical evidence that the deputies later found in defendant’s…