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STATE v. SHAFF

CC 220317998; CA A124908; SC S054425.

175 P.3d 454 (2007)

343 Or. 639

STATE of Oregon, Petitioner on Review, v. Martin Allen SHAFF, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided December 28, 2007.

Attorney(s) appearing for the Case

Janet A. Klapstein, Senior Assistant Attorney General, argued the cause and filed the brief for petitioner on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Joshua B. Crowther, Deputy Public Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

KISTLER, J.

The question that this case presents is whether Article I, section 12, of the Oregon Constitution required police officers to give defendant Miranda warnings when they went to his home to check on a report of domestic abuse.1 The trial court held that no Miranda warnings were required and denied defendant's motion to suppress his statements. The Court of Appeals reversed, holding that Article I, section 12, required...

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