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NCJ Number: 99303 Add to Shopping cart Find in a Library
Title: State v. Hackworth - Oregon Application of Miranda Warnings to Motor Vehicle Accidents
Journal: Willamette Law Review  Volume:21  Issue:1  Dated:(Winter 1985)  Pages:181-186
Author(s): W C Frymire
Date Published: 1985
Page Count: 6
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
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United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: English
Country: United States of America
Annotation: This commentary examines the holding of the Oregon Court of Appeals in State v. Hackworth, which addresses the need for a Miranda warning during a roadside interrogation by law enforcement officers.
Abstract: In this case, Hackworth was charged with and convicted of driving under the influence following police interrogation relating to a vehicular accident. Hackworth appealed the conviction, claiming that the trial court erred in not suppressing evidence obtained prior to the issuance of a Miranda warning on two grounds: that the officer had formed an initial subjective intent to arrest and that the roadside stop constituted a significant deprivation of freedom requiring a Miranda warning. In deciding the case, the court adopted the reasonable-person-in-defendant's-situation standard put forth by the U.S. Supreme Court in Berkemer v. McCarty. The Oregon court found that a reasonable person subject to roadside interrogation would not believe he was in custody or under restraints similar to a formal arrest. The court further held that the brevity and relatively noncoercive nature of a roadside stop did not constitute a deprivation of freedom sufficient to trigger a Miranda warning. Thus, in Oregon, under these circumstances, formal arrest will be the threshold for a Miranda warning. The defendant's conviction was affirmed. Included are 31 footnotes.
Index Term(s): Driving Under the Influence (DUI); Judicial decisions; Miranda rights; Oregon; State courts; Traffic law enforcement; US Supreme Court decisions; Vehicle stops
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