Oregon v. Craigen
Annotate this CaseWhile interrogating defendant George Craigen about the murder at the heart of this case (for which defendant had not yet been charged with), detectives asked defendant about firearms crimes, which defendant had already been charged with in other cases and on which he was represented by counsel. After the State brought this murder case against defendant, defendant moved to suppress evidence obtained as a result of the interrogation, including, evidence obtained as a result of the questioning about the firearms cases. Defendant argued that that questioning violated his right to counsel under Article I, section 11, of the Oregon Constitution and that all evidence resulting from the violation had to be suppressed. The trial court denied the motion. Defendant appealed, renewing the argument that he had made in the trial court. The Court of Appeals agreed with defendant. The Oregon Supreme Court concurred with the Court of Appeals: because the detectives violated defendant’s right to counsel by questioning him about the Felon-In-Possession (FIP) charges on which he was represented, the State cannot use evidence obtained as a result of the violation of defendant's constitutional rights.
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