rights enumerated warning (Oregon) · Go Syfert
← Oregon issues

rights enumerated warning in Oregon

5 Oregon opinions name it 2 courts 2024–2026 5 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
State v. Millergreen
orctapp · 2024 · cited in 4 Oregon opinions naming this issue, 2025–2026
2 sentences

2026State v. Davis, 350 Or 440, 459 , 256 P3d 1075 (2011) (“[T]he court has never held that an indi- vidual’s invocation of a right to remain silent in the absence of custody or other compelling circumstances precludes police from attempting to obtain incriminating informa- tion from that individual.”); see also State v. Miller, 336 Or App 606, 608 , 561 P3d 675 (2024), aff’d, 373 Or 173 , ___ P3d ___ (2026) (concluding that in a situation where Miranda warnings were not required, the officer was “likewise not required to obtain a waiver of the rights enumerated in those warnings”).

2026State v. Davis, 350 Or 440, 459 , 256 P3d 1075 (2011) (“[T]he court has never held that an indi- vidual’s invocation of a right to remain silent in the absence of custody or other compelling circumstances precludes police from attempting to obtain incriminating informa- tion from that individual.”); see also State v. Miller, 336 Or App 606, 608 , 561 P3d 675 (2024), aff’d, 373 Or 173 , ___ P3d ___ (2026) (concluding that in a situation where Miranda warnings were not required, the officer was “likewise not required to obtain a waiver of the rights enumerated in those warnings”).

34
State v. Davisgreen
or · 2011 · cited in 1 Oregon opinions naming this issue, 2026–2026
2 sentences

2026State v. Davis, 350 Or 440, 459 , 256 P3d 1075 (2011) (“[T]he court has never held that an indi- vidual’s invocation of a right to remain silent in the absence of custody or other compelling circumstances precludes police from attempting to obtain incriminating informa- tion from that individual.”); see also State v. Miller, 336 Or App 606, 608 , 561 P3d 675 (2024), aff’d, 373 Or 173 , ___ P3d ___ (2026) (concluding that in a situation where Miranda warnings were not required, the officer was “likewise not required to obtain a waiver of the rights enumerated in those warnings”).

2026State v. Davis, 350 Or 440, 459 , 256 P3d 1075 (2011) (“[T]he court has never held that an indi- vidual’s invocation of a right to remain silent in the absence of custody or other compelling circumstances precludes police from attempting to obtain incriminating informa- tion from that individual.”); see also State v. Miller, 336 Or App 606, 608 , 561 P3d 675 (2024), aff’d, 373 Or 173 , ___ P3d ___ (2026) (concluding that in a situation where Miranda warnings were not required, the officer was “likewise not required to obtain a waiver of the rights enumerated in those warnings”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State v. Clem green
orctapp · 1995
2 sentences

2024Whether a situation is compelling is determined by “how a reasonable person in the suspect’s position would have understood the situation.” State v. Clem, 136 Or App 37, 42 , 900 P2d 1064 (1995).

2024Whether a situation is compelling is determined by “how a reasonable person in the suspect’s position would have understood the situation.” State v. Clem, 136 Or App 37, 42 , 900 P2d 1064 (1995).

12024–2024

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 813.010 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 9 (2020–2026) OR 5 (2024–2026) UT 5 (2002–2014) CA 2 (2001–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check