State v. Bozgoz

Defendant appeals his conviction for driving under the influence of intoxicants. ORS 487.540. He assigns error to the trial court’s denial of his motion to suppress statements he made to the investigating officer. The trial court denied the motion on the ground that the statements were not incriminating. We reverse and remand for a new trial.

The threshold question is whether the character of statements, i.e., exculpatory or inculpatory, is relevant to a motion to suppress based on a Miranda violation. It is not. Miranda makes it clear that

“* * * the prosecution may not use statements, whether…