State v. Humphreys

444 P.2d 476, 251 Or. 63, 1968 Ore. LEXIS 421

• Court: Oregon Supreme Court
• Decided: August 23, 1968
• Status: Published

Opinion

PER CURIAM.

Defendant appeals from a judgment of conviction of the crime of larceny.

Defendant contends that the trial court erred in admitting defendant’s confession on the ground that he was not properly advised of his constitutional rights before he was interrogated by the police.

Defendant read and signed an “Advice Form” used by the police to advise accused persons of their constitutional rights as required by the Escobedo and Miranda decisions. ① The form contained the following warning: “Anything you say and any statement you write can be used against you in court to prove that you have committed a crime. This is true even if you are a minor.”

Defendant contends that the warning was inadequate in that it failed to inform him that his statements would be used against him. Defendant interprets Miranda as requiring a warning that any statement made by the accused will be used against him and that it is not enough to warn him simply that his statements can be used against him.

We do not agree with defendant’s interpretation of Miranda and we hold that the warning given was adequate.

Judgment affirmed.

① Escobedo v. Illinois, 378 US 478, 84 S Ct 1758, 12 L Ed2d 977 (1964); Miranda v. Arizona, 384 US 436, 86 S Ct 1602, 16 L Ed2d 694, 10 ALR3d 974 (1966).