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Oregon Revised Statutes

Or. Rev. Stat. § 136.435 (2026)

Admissibility of evidence from felony defendant not informed as required under ORS 135.070

✓ current as of May 2026
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      136.435 Admissibility of evidence from felony defendant not informed as required under ORS 135.070. Evidence obtained directly or indirectly as a result of failure of a magistrate to comply with ORS 135.070 shall not be admissible, over the objection of the defendant, in any court. [Formerly 136.545]

Notes of Decisions
Cited in 3 cases, 1979–1999 · leading case: State v. Smith, 725 P.2d 894 (Or. 1986).
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State v. Smith, 725 P.2d 894 (Or. 1986). · cites it 11× “115: "If the defendant waives the right of the defendant to make a statement, the magistrate shall make a memorandum thereof in the proceedings; but the fact of the waiver cannot be used against the defendant on the trial.”
State v. Thompson-Seed, 986 P.2d 732 (Or. Ct. App. 1999). “ORS 136.435, for another example, provides that evidence obtained directly or indirectly as a result of a magistrate failing to provide the advice *489 of rights required in ORS 135.”
State v. Jenks, 602 P.2d 681 (Or. Ct. App. 1979). “” 2 Whether the exclusionary rule in ORS 136.435 was applicable was not raised; see State v.”
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