STATE v. CUNNINGHAM

C9903-32190; A107209

40 P.3d 535 (2002)

179 Or. App. 498

STATE of Oregon, Respondent, v. Wendell CUNNINGHAM, Appellant.

Court of Appeals of Oregon.

Decided February 13, 2002.


Attorney(s) appearing for the Case

Peter Gartlan, Chief Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

David J. Amesbury, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.


KISTLER, J.

Defendant was convicted of being a felon in possession of a firearm. On appeal, he argues that the trial court should have suppressed a statement that he made when the arresting officer asked him, incident to a pat-down search, if he "ha[d] anything that would hurt me or was sharp?" Defendant argues that, because the officer's question constituted interrogation, he could not ask that question until defendant had been advised of and waived his Miranda...

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