State v. Capwell

Defendant was indicted for sexual abuse in the first degree. ORS 163.425. Prior to trial, he moved to suppress a confession he made at the time of his arrest on the ground that it was made involuntarily. After a hearing, the trial court granted defendant’s motion. The state appeals under ORS 138.060(3). We affirm.

On September 9, 1982, at approximately 9:30 a.m., State Troopers Reed and Glover went to defendant’s home to investigate a charge of sex abuse made by defendant’s two minor daughters. Reed introduced himself to defendant and explained why the troopers were there. Defendant was not…