State v. Davis
256 P.3d 1075
| Or. | 2011Background
- Police investigated Davis for sexual abuse of his stepdaughter and learned of an investigation; Davis’s attorney invoked the right to remain silent and to have police discuss with counsel via a letter.
- Eight months later, police conducted monitored instant-messaging and phone conversations with the victim to elicit statements from Davis, with some guiding by investigators.
- The conversations produced incriminating statements; investigators obtained a search warrant for the victim’s messaging account based on those statements.
- Davis was not in custody or in compelling circumstances during the pretextual communications.
- The circuit court and Court of Appeals suppressed the statements as violations of Article I, sections 11 and 12, which the state appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article I, section 12 bars questioning absent compelling circumstances. | Davis: broad remain-silent right applies outside custody. | Davis: no broad right; only under custody/compelling circumstances. | No; applies only in custody/compelling circumstances. |
| When does Article I, section 11 right to counsel attach for pre-charge investigations? | Davis: right to counsel attaches during investigative stage. | State: right attaches at arrest/formal charging. | Right attaches at arrest; pre-charge questioning without counsel not barred in this case. |
Key Cases Cited
- Priest v. Pearce, 314 Or. 411 (1992) (textual three-part analysis of Article I, § 12 history and meaning)
- State v. Vondehn, 348 Or. 462 (2010) (history and application of self-incrimination provision)
- State v. Sparklin, 296 Or. 85 (1983) (investigation stages and right to counsel in Sparklin footnote)
- State v. Spencer, 305 Or. 59 (1988) (right to counsel attaches at arrest; pre-charge limits)
- State v. Durbin, 335 Or. 183 (2003) (scope of right to counsel after custody; breath-test context)
- State v. Randant, 341 Or. 64 (2006) (attachment of right to counsel tied to formal prosecution)
- State v. Fish, 321 Or. 48 (1995) (self-incrimination origins and three-part test)