State v. Hart

*307RIGGS, J.

Defendant is charged with first degree rape. ORS 163.375. The state appeals from a pretrial order suppressing statements made by defendant during an interview immediately preceding his taking a polygraph examination. The issue is whether the trial judge abused his discretion in ruling that the probative value of the challenged statements was substantially outweighed by their prejudicial effect. We affirm.

Detective Stephenson came to defendant’s place of business to investigate defendant’s role in an alleged rape. He advised defendant that he was not under arrest, that no charges were…