OREGON V. ELSTAD 470 U.S. 298 (1985) CASE BRIEF

OREGON V. ELSTAD
470 U.S. 298 (1985)
NATURE OF THE CASE: This is an appeal from the suppression of evidence from an initial violation of Miranda.
FACTS: A house was burglarized. A witness contacted the sheriff's office, implicating Elstad (D). Officers Burke and McAllister went to D's house with a warrant for his arrest. Burke sat down with D in the living room, and without telling him that he had a warrant for his arrest, stated that he 'felt' that D was involved in the burglary. D replied, 'Yes, I was there.' D was transported to headquarters. An hour later, McAllister, in the presence of Burke, advised D of his Miranda rights for the first time. D agreed to talk and signed a statement. The trial judge excluded the remark D made in his living room, but admitted the statement made at the sheriff's office. D was convicted. The Oregon Court of Appeals reversed, stating that there wasn't a sufficient break in the stream of events between the inadmissible statement in the living room and the written confession in the sheriff's office. The State (P) appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment