STATE v. DELONG

(CC 09CR1050FE; CA A146907; SC S062176).

350 P.3d 433 (2015)

357 Or. 365

STATE of Oregon, Petitioner on Review, v. William Rick DELONG, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided June 18, 2015.


Attorney(s) appearing for the Case

Michael A. Casper , Deputy Solicitor General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Daniel C. Bennett , 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.

Shauna M. Curphy , Portland, filed the brief for amici curiae Oregon Justice Resource Center, Albina Ministerial Alliance Coalition for Justice and Police Reform, The Portland Chapter of the National Lawyers Guild, Inc., and the American Civil Liberties Union Foundation of Oregon, Inc. With her on the brief were Sara F. Werboff and Jordan R. Silk.


During a traffic stop, a deputy sheriff placed defendant in custody and then asked him, without first advising him of his Miranda rights, "if there was anything we should be concerned about" in his car. Defendant "told [the deputy] `no,' and that if we wanted to search the vehicle, we could." On appeal, the state conceded that...

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