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Legal Research

: Oregon Legal Research

Oregon Miranda Rights: State v. Gardner

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Did you know that many police officers are advised and trained not to recite Miranda Warnings (see also about Ernesto Miranda) but instead to read them to the person who has been arrested? (Even if the officer can recite ?Miranda Warnings? by heart, and most can, they are not infrequently advised to read them from a printed card, primarily to avoid any dispute over dropped words or phrases, however inadvertent.)

The June 30, 2010, Oregon Court of Appeals case, State v. Gardner (A139006), addresses the issue of Miranda warnings in Oregon:

See the OJD Media Release, June 30, 2010, for a summary or the full-text of the opinion.

From the Media Release: ??The officer's question to defendant regarding whether she would take a breath test was not "interrogation" for purposes of Miranda because it is part of the normal process of arrest and custody. Further, although the officer's colloquy with defendant relating to the breath test went beyond what is presented to other suspects, nothing requires a police officer to read a warning verbatim?.? (Link to full Media Release or full-text opinion.)

Full post as published by Oregon Legal Research on June 30, 2010 (boomark / email).

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