STATE v. PRICKETT

DC 93CR-2105; CA A82870; SC S42692, S42853.

930 P.2d 221 (1997)

324 Or. 489

STATE of Oregon, Respondent on Review/Petitioner on Review, v. Matthew Raymond PRICKETT, Petitioner on Review/Respondent on Review.

Supreme Court of Oregon.

Decided January 16, 1997.


Attorney(s) appearing for the Case

Hari Nam S. Khalsa, Deputy Public Defender, Salem, argued the cause for petitioner on review/respondent on review Matthew Raymond Prickett. With him on the briefs were Sally L. Avera, Public Defender, and Eric M. Cumfer, Deputy Public Defender.

Jonathan H. Fussner, Assistant Attorney General, Salem, argued the cause for respondent on review/petitioner on review State of Oregon. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.


GRABER, Justice.

This is a criminal case in which defendant was convicted of driving under the influence of intoxicants (DUII). The issue before us is whether questioning that occurs after the completion by a defendant of lawful field sobriety tests is "compelling," as a matter of law, under Article I, section 12, of the Oregon Constitution, thereby requiring that such questioning always be preceded by Miranda-like warnings. We answer that question "no."

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