Oregon Legal Research Blog
Hot on the heels of the June 30, 2010, Oregon Court of Appeals Court case on Miranda warnings, comes this July 1, 2010, Oregon Supreme Court case:
State of Oregon v. Hyatt Robin Vondehn (SC S056371):
Media Release excerpt: “Today the Oregon Supreme Court held that Article I, section 12, of the Oregon Constitution requires the police to give Miranda warnings before they conduct custodial interrogation to ensure that a suspect’s decision to waive the right against self-incrimination is both knowing and voluntary. When the police fail to give Miranda warnings, they violate the Oregon Constitution and the state is precluded from using either statements that a suspect makes or physical evidence derived from that constitutional violation to prosecute a defendant. The court also held that when the police do not administer Miranda warnings at the onset of a custodial interrogation, but later correct course and deliver the required warnings, the state must establish that the belated warnings effectively and accurately inform the defendant of his or her rights to remain silent and to counsel under the Oregon Constitution….” (Link to July 1, 2010, Media Release.) (Link to full case.)