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Oregon Supreme Court 07-01-10

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by: Kbevins • June 30, 2010 • no comments

Read the full article for details about the following new cases:

  • Belated Miranda- validates post-warning statements only

Evidence derived from pre-Miranda interrogation must be excluded, even where a defendant consents to a physical search. Belated Miranda warnings are sufficient to validate subsequent statements if they accurately and effectively convey a defendant's right against self-incrimination. The efficacy of Miranda warnings is circumstance specific, and inherent coercion (i.e., being in police custody) will not invalidate a waiver.

Defendant was handcuffed and placed in the back of a police car, but not Mirandized, when he admitted that his backpack contained marijuana. The consent he gave to search the backpack was irrelevant, because the questioning that led the police to ask for consent was invalid. Therefore, the marijuana should have been suppressed. However, subsequent Miranda warnings were accurate and effective, and the defendant's statements from that point on were properly admitted. State v. Vondehn