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Oregon Miranda Rights: State v. Gardner

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Did you know that many police officers are advised and trained not to recite Miranda Warnings (see also about Ernesto Miranda) but instead to read them to the person who has been arrested? (Even if the officer can recite “Miranda Warnings” by heart, and most can, they are not infrequently advised to read them from a printed card, primarily to avoid any dispute over dropped words or phrases, however inadvertent.)

The June 30, 2010, Oregon Court of Appeals case, State v. Gardner (A139006), addresses the issue of Miranda warnings in Oregon:

See the OJD Media Release, June 30, 2010, for a summary or the full-text of the opinion.

From the Media Release: “…The officer’s question to defendant regarding whether she would take a breath test was not “interrogation” for purposes of Miranda because it is part of the normal process of arrest and custody. Further, although the officer’s colloquy with defendant relating to the breath test went beyond what is presented to other suspects, nothing requires a police officer to read a warning verbatim….” (Link to full Media Release or full-text opinion.)

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One response to “Oregon Miranda Rights: State v. Gardner”

  1. richard greene says:

    SINCE WHEN DID WE BECOME A POLICE STATE ANY TIME A PERSON IS DEPRIVED OF HIS OR HER RIGHTS TO FREEDOM AND PLACED IN A POLICE CAR THERE DAM RIGHTS SHOULD BE READ TO THEM. ANYONE WHO BELIEVES THIS TO BE TRUE PLEASE LETS ALL GET TOGETHER CHANGE THE POLICY OR CHANGE THE PEOPLE WHO REPRESENT US. UNTIL U EXPERIENCE SOMETHING LIKE YOUR FREEDOM TAKENAWAY THEN UNDERSTAND WHAT IT FEELS LIKE. SO PLEASE DONT JUDGE.

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