Written by Erin Severe, OPDS | Edited by Mary A. Sofia, OCDLA
SEARCH & SEIZURE
Motion to Suppress—Preservation
When defendant moved to suppress all statements he made during an encounter with police, and trial court’s ruling only addressed suppression of defendant’s post-Miranda statements, defendant not required to again request suppression of pre-Miranda statements to preserve that issue for appeal.
State v. Schmidtke, 362 Or 203 (2017) (Per Curiam)