STATE V. CARLSON
311 Or. 201, 808 P.2d 1002 (1991)
NATURE OF THE CASE: Carlson (D) appealed a decision, that affirmed his convictions for
unlawful possession of a controlled substance and endangering the welfare of a minor.
FACTS: A police officer was dispatched to Carlson's (D) apartment on a domestic dispute
call. The officer was met by D's wife, who was with her sister and daughter. D was not in
the apartment. The officer searched the apartment with the consent of D's wife and found
traces of methamphetamine on the bedroom mirror. Later, in the parking lot, the officer met
D and noticed what appeared to be track marks on his arm. Without first advising D of his
rights, the officer asked him about the marks. D initially responded, 'yeah, I got a few
tracks,' and then said that the marks were injuries he got while working on a car. D's wife
heard this and said, 'You liar, you got them from shooting up in the bedroom with all tour
stupid friends.' The officer testified that D then 'hung his head and shook his head back
and forth.' At trial, D objected to the introduction of the statement and its use as an
admission against interest because he had not adopted them.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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