State v. Anderson

An officer may obtain self-incriminating statements after a person invoked the right to remain silent if that person is not in custody and no compelling circumstances exist. State v. Davis, 350 Or 440, 256 P3d 1075 (2011). Officers may continue to ask questions after a person invokes the right to remain silent if the response is voluntary. State v. Turnidge, 359 Or 364, 374 P3d 853 (2016).

Defendant appealed a DUII conviction. Defendant assigned error to the trial court’s denial of a motion to suppress statements made prior to her arrest. Defendant argued she invoked her Article I section 12, and 5th amendment right to remain silent when she handed the officers a pre-printed card when the stop was initiated. An officer may obtain self-incriminating statements after a person invoked the right to remain silent if he or she is not in custody, or no compelling circumstances exist. State v. Davis, 350 Or 440, 459, 256 P3d 1075 (2011). Officers may continue to ask questions after a person invokes the right to remain silent if the response is voluntary. State v. Turnidge, 359 Or 364, 374 P3d 853 (2016). The Court held that despite Defendant handing the pre-printed card, the officers were permitted to continue to ask questions because her statements were voluntary and there were no other compelling circumstances. Affirmed.