State v. Wandle

*754Because defendant has asserted only his rights under the Fifth Amendment to the United States Constitution, we need not reconsider our statement in State v. Smith, 70 Or App 675, 691 P2d 484 (1984), rev allowed 298 Or 704 (1985), that Article I, section 12, of the Oregon Constitution requires no more than is required by Miranda as most recently interpreted in Berkemer v. McCarty, 468 US_, 104 S Ct 3138, 82 L Ed 2d 317 (1984).

Although Berkemer, by its express language, applies only to “ordinary traffic stops,” this court in State v. Smith, supra, and State v. Hackworth, 69 Or App 358, 685 P2d…