(Download) "Oregon V. Spencer" by Supreme Court of Oregon ~ Book PDF Kindle ePub Free
eBook details
- Title: Oregon V. Spencer
- Author : Supreme Court of Oregon
- Release Date : January 17, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
This driving under the influence of intoxicants (DUII) case once again presents this court with the question of what consequences follow if evidence of an intoxilyzer result is obtained from an arrested DUII suspect after police have refused to allow that suspect to contact an attorney. The Court of Appeals, with one judge dissenting, held that evidence of the intoxilyzer result was admissible in spite of the fact that the suspect had been denied access to counsel. State v. Spencer, 82 Or App 358, 728 P2d 566 (1986). In so holding, the Court of Appeals majority relied on this court's plurality opinion in State v. Newton, 291 Or 788, 813, 636 P2d 393 (1981), which held that, although such a denial of access to counsel was an unauthorized restriction of the defendant's personal liberty in violation of the Fourteenth Amendment, the clarification of the law in that opinion should be "sufficient to cause a change in police practice and deter future similar conduct [by the police] without the necessity of creating a new exclusionary rule." We now conclude that the Newton approach may have been too optimistic and, in any event, was unworkable. We abandon that portion of Newton and, in so doing, reverse the Court of Appeals.
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