Oregon Supreme Court
State v. Kilby
May 1, 2025373 Or. 557
Summary
The court held that Article I, section 11, does not give a suspect a right to counsel during a custodial interrogation about an uncharged crime, even when the suspect is represented by counsel and counsel previously instructed police not to question the suspect. The court declined to extend the limited precharging consultation right recognized for DUII breath testing to custodial interrogation and declined to affirm on an unpreserved Article I, section 12, theory because the record might have been developed differently. The suppression order was reversed and the case was remanded for further proceedings.