STATE v. SMITH

DC M3-44; CA A29648; SC S31395.

725 P.2d 894 (1986)

301 Or. 681

STATE of Oregon, Respondent on Review, v. Grant SMITH, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Reassigned March 4, 1986.

Decided September 16, 1986.


Attorney(s) appearing for the Case

Thomas J. Crabtree, Bend, argued the cause, for petitioner on review. With him on the petition was Crabtree & Rahmsdorff, Bend.

James E. Mountain, Jr., Sol. Gen., Salem, argued the cause, for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., Thomas H. Denney, Asst. Atty. Gen., Stephen F. Peifer, Asst. Atty. Gen., and Ann F. Kelley, Asst. Atty. Gen., Salem.

John Daugirda, Deputy Public Defender, Salem, filed an amicus curiae brief on behalf of Oregon Public Defender.

John Henry Hingson, III, Oregon City, filed an amicus curiae brief on behalf of Oregon Criminal Defense Lawyers Ass'n.


CAMPBELL, Justice.

The question is whether Article I, section 12, of the Oregon Constitution1 requires that persons detained for questioning by law enforcement officers be given warnings similar to those required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), under the federal Fifth Amendment.2 We hold that it does not.

Two deputy sheriffs...

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