Oregon Appellate Court - September 11, 2013

by: Alarson and Abassos • September 11, 2013 • no comments

Miranda Warnings Must Be Repeated When There's a Material Change in Circumstances

A defendant must be given Miranda Rights a second time when the circumstances have materially changed from when the rights were first given. Here, the court found that, despite a day's separation between interrogations, the prior Miranda warnings were still intact because the detectives were the same, the subject matter was the same, the defendant re-initiated contact with the officers after invoking his right to counsel and the defendant understood his rights. The court distinguished these facts from State v. Metz, in which the defendant was advised of his rights before a police interrogation and the next day made incriminating statements to a state psychologist during an exam. State v. Hurtado-Navarrete, 258 Or App ___ (2013)