Oregon v. Elstad Essay

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Oregon v. Elstad MERITS: Officers Burke and McAllister of the Polk County, Oregon Sheriff's office, on the basis of a witness' statement, obtained an arrest warrant for Michael Elstad, who was suspected of burglary. The officers went to Elstad's home and were escorted to his room by his mother. After instructing the respondent to dress and accompany them to the living room, Officer McAllister took Elstad's mother into the kitchen while Officer Burke stayed with the respondent. Without advising Elstad of his Miranda rights, Officer Burke asked him whether he was aware of the officer's reason for wanting to talk with him, and whether he knew Mr. and Mrs. Gross (the victims). Elstad stated that he knew the Grosses, and that he'd…show more content…
Elstad's written confession was not excluded, as the judge did not agree that it was in any way tainted. Elstad was found guilty of first-degree burglary. APPELLATE: Oregon State Court of Appeals: Conviction reversed. The State contended that although the initial statement made by the respondent (prior to having been advised of his rights) should be inadmissible, his written confession should be allowed. The Court of Appeals, however, saw both statements as inadmissible, as there was little time between the two statements, and that was not enough time to "insulate the latter statement from the effect of what went before" … "the cat was sufficiently out of the bag to exert a coercive impact on [respondent's] later admissions." The Oregon Supreme Court declined the State's petition for review. The State then petitioned the U.S. Supreme Court, and certiorari was granted. ISSUE: The question in this case was whether the Self-Incrimination Clause of the Fifth Amendment requires that a confession made by a defendant, after having been advised of his Miranda rights and having waived those rights, should be excluded because of another admission made to officers by that defendant before he had been advised of his rights. ARGUMENT: Reasoning: The Court cited the following cases to illustrate and establish precedence for its reasoning: Wong Sun v. United States: Where it was established that

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