oregon hass argued january decided march suspect police custody given accepts full warnings prescribed miranda arizona later like telephone lawyer told reaching station provides inculpatory information information admissible evidence suspect trial solely impeachment purposes taken stand testified contrary knowing information ruled inadmissible prosecution case chief harris new york pp reversed blackmun delivered opinion burger stewart white powell rehnquist joined brennan filed dissenting opinion marshall joined post marshall filed dissenting opinion brennan joined post douglas took part consideration decision case thomas denney assistant attorney general oregon argued cause petitioner briefs lee johnson attorney general michael gillette assistant attorney general sam mckeen argued cause respondent brief enver bozgoz justice blackmun delivered opinion case presents variation fact situation encountered harris new york suspect custody state police officer given full miranda warnings accepts later like telephone lawyer told done officer suspect reach station suspect provides inculpatory information information admissible evidence solely impeachment purposes suspect taken stand testified contrarily inculpatory information inadmissible fifth fourteenth amendments facts dispute august bicycles taken two residential garages moyina heights area klamath falls respondent hass due course indicted burglary first degree violation rev stat respect bicycle taken garage attached one residences house occupied family named lehman charged burglary day thefts officer osterholme oregon state police traced automobile license number place hass lived officer met hass placed arrest app hass trial osterholme testified camera giving hass warnings prescribed miranda arizona asked hass theft bicycle taken lehman residence hass admitted taken two bicycles stated sure first one osterholme talking app said returned one left osterholme hass departed patrol car site way hass opined lot trouble like telephone attorney osterholme replied telephone lawyer soon got office ibid thereafter respondent pointed place brush bicycle found ruled statements made hass said wanted see attorney identification bicycle location admissible prosecution elicited osterholme case chief jury hass admitted witness taken two bicycles day needed money given one back recovered later trial hass took stand testified two friends walker lee riding around volkswagen truck two got respondent drove slowly street lee suddenly reappeared tossed bicycle truck ducked floor vehicle respondent know lee stole first intention get rid bike overtaken jeep occupied lehman son son pointed lee guy lee returned bike lehmans respondent drove came upon walker sitting bicycle threw truck respondent went washburn way threw far ibid later told police stolen two bicycles idea lee walker going see bikes taken know residences located prosecution recalled officer osterholme rebuttal testified hass pointed two houses bicycles taken officer testified prior hass told osterholme knew bicycles came however know exact street address osterholme also stated lee along time lee difficulty identifying residences hass actually pointed recognized trial request defense advised jury portion officer osterholme testimony describing statement made hass may used proof defendant guilt may consider testimony bears credibility defendant witness testified witness stand respondent took stand said osterholme testimony took residences respondent pointed houses wrong jury returned verdict guilty hass received sentence two years probation fine oregon appeals feeling bound earlier oregon decision state brewton cert denied case reversed ground hass statements improperly used impeach testimony app petition review oregon vote affirmed reasoned situation proper miranda warnings police nothing lose perhaps gain something impeachment purposes continuing interrogation warnings thus deterrence contrast said warnings yet given element deterrence police take chance losing incriminating evidence case chief giving adequate warnings three dissenters perceived difference two situations result conflict reached north carolina state bryant bore upon reach decision harris new york granted certiorari reverse ii respondent raises preliminary arguments mention passing hass suggests state law restrictive prosecution federal law power compel state conform federal law brief respondent apparently proffered reference expressions state free matter law impose greater restrictions police activity holds necessary upon federal constitutional standards see cooper california sibron new york see also state kaluna haw course state may impose greater restrictions matter federal constitutional law specifically refrains imposing see smayda cert denied aftanase economy baler although oregon constitutional provision compulsory criminal prosecution ore art present case decided oregon courts fifth fourteenth amendment grounds decision rest oregon constitution state law neither cited fact oregon courts found necessary attempt distinguish harris new york supra reveals federal basis hass suggests decision state highest favor criminal defendant reviewable assume standing argument advanced theory state aggrieved oregon judgment surely holding constitutional reasons prosecution may utilize otherwise relevant evidence makes state aggrieved party purposes review cases california green manifest validity state brewton oregon appeals present case felt bound merits comment oregon vote held statements elicited murder defendant inadmissible state case chief preceded adequate warnings used impeach defendant testimony even though statements voluntarily made present case oregon stated took review purpose deciding whether wished overrule brewton found necessary make determination majority view brewton harris distinguishable ibid set forth unable distinguish two cases furthermore brewton iii takes us real issue namely bearing harris new york upon case harris defendant charged state indictment twice selling heroin undercover police officer prosecution introduced evidence two sales harris took stand defense denied first sale described second one baking powder utilized part scheme defraud purchaser harris asked whether made specified statements police immediately following arrest statements partially contradicted harris testimony response harris testified remember questions answers recited prosecutor trial instructed jury statements attributed harris used passing credibility evidence guilt jury returned verdict guilty second count indictment prosecution sought use statements case chief conceded inadmissible miranda harris advised right appointed counsel chief justice speaking observed follow miranda evidence inadmissible accused prosecution case chief barred purposes provided course trustworthiness evidence satisfies legal standards relying walder fourth amendment case ruled difference principle walder harris impeachment process undoubtedly provided valuable aid jury assessing petitioner credibility benefits process lost ssuming exclusionary rule deterrent effect proscribed police conduct sufficient deterrence flows evidence question made unavailable prosecution case chief shield provided miranda perverted license use perjury way defense free risk confrontation prior inconsistent utterances held accordingly harris credibility appropriately impeached use earlier conflicting statements see valid distinction made application principles harris case hass case hass statements made defendant knew osterholme opposing testimony ruled inadmissible prosecution case chief harris follow miranda evidence inadmissible hass prosecution case chief barred purposes always provided trustworthiness evidence satisfies legal standards impeaching material provide valuable aid jury assessing defendant credibility benefits process lost making assumption sufficient deterrence evidence question made unavailable prosecution case chief sufficed result harris supports demands like result hass case shield provided miranda perverted license testify inconsistently even perjuriously free risk confrontation prior inconsistent utterances always engaged search truth criminal case long search surrounded safeguards provided constitution evidence suggestion hass statements officer osterholme way moyina heights involuntary coerced properly sensed sure trouble pressure greater person like custody inquiry investigating officer possible factual distinction harris case lies fact miranda warnings given hass proper whereas given harris defective deterrence exclusionary rule course lies necessity give warnings warnings given case may prove incomplete therefore defective harris mean served deterrent officer aware defect officer aware defect full deterrence remains effect inadmissibility harris case case inadmissibility pervert constitutional right right falsify free embarrassment impeachment evidence defendant mouth one might concede proper miranda warnings given officer continues interrogation suspect asks attorney officer may said little lose perhaps something gain way possibly uncovering impeachment material speculative possibility however even greater warnings defective defect known officer event balance struck harris disposed change given case officer conduct amounts abuse case like involving coercion duress may taken care arises measured traditional standards evaluating voluntariness trustworthiness therefore hold oregon appellate courts error ruled officer osterholme testimony rebuttal inadmissible fifth fourteenth amendment grounds purposes hass impeachment judgment oregon reversed ordered footnotes hass testimony appear admission guilt oregon crime theft receiving rev stat receipt disposal property another knowing property stolen hass however charged offense see also ex rel wright lavallee cert denied ex rel padgett russell supp ed state johnson rooks state ark people nudd cal cert pending jorgenson people williams state del state retherford cert denied campbell state people moore cert denied davis state ind sabatini state md app commonwealth harris mass state kish utah riddell rhay cert denied ameen state cf commonwealth horner respondent take comfort following pronouncement oregon state florance search seizure case choose continue apply interpretation interpreting article oregon constitutional prohibition unreasonable searches seizures restrictive fourth amendment federal constitution interpret fourth amendment restrictively interpreted omitted justice brennan justice marshall joins dissenting harris new york petitioner informed right appointed counsel thus subsequent statements police inadmissible miranda arizona nonetheless permitted use statements impeach petitioner trial testimony today extends harris case accused told rights asked lawyer yet police questioning continued violation miranda statements resulted held admissible impeachment purposes adhere dissent harris stated miranda completely disposes distinction statements used direct opposed incriminating statement incriminating used impeach credibility used direct proof guilt constitutional distinction legitimately drawn harris supra adhere well view judiciary must avoid even slightest appearance sanctioning illegal government conduct calandra brennan dissenting monstrous courts aid abet police officer abiding truth othing destroy government quickly failure observe laws worse disregard charter existence harris supra brennan dissenting decision today goes beyond harris undermining miranda even harris police incentive following miranda warning accused right remain silent right counsel warnings given accused might still make statement used prosecution case chief today holding however warnings given police almost incentive following miranda requirement individual wants attorney interrogation must cease attorney present miranda supra requirement followed almost surely statement since attorney advise accused remain silent however requirement disobeyed police may obtain statement used impeachment accused temerity testify defense thus today decision individual wants attorney police interrogation doubtless vigorously pressed obtain statements attorney arrives unwilling join fundamental erosion fifth sixth amendment rights therefore dissent affirm least remand proceedings reasons given justice marshall dissenting opinion see watts indiana jackson concurring result lawyer worth salt tell suspect uncertain terms make statement police circumstances see also comment yale police realize soon lawyer arrives little chance questioning permitted pointed harris new york accused denied unfettered choice decision whether take stand burdened risk illegally obtained prior statement may introduced impeach direct testimony denying complicity crime charged brennan dissenting justice marshall justice brennan joins dissenting agree brother brennan merits judgment oregon correct think appropriate add word increasingly common practice reviewing decisions upholding constitutional claims criminal cases see michigan mosley app cert granted michigan payne wisconsin yoder california byers california green view often rushed correct state courts view federal constitutional questions without sufficiently considering risk drawn rendering purely advisory opinion plainly oregon expressly decided hass statement inadmissible matter state well federal law upset judgment see jankovich indiana toll road minnesota national tea fox film muller sound policy behind rule well articulated justice jackson herb pitcairn time foundation adhered principle review judgments state courts rest adequate independent state grounds reason obvious rarely thought warrant statement found partitioning power state federal judicial systems limitations jurisdiction power state judgments correct extent incorrectly adjudge federal rights power correct wrong judgments revise opinions permitted render advisory opinion judgment rendered state corrected views federal laws review amount nothing advisory opinion citations omitted seems consistent respect due highest courts union asked rather told intended imposes unwelcome burden mitigated knowledge protect jurisdiction unwitting interference well protect unwitting renunciation addition importance avoiding jurisdictional difficulties seems much better policy permit state freedom strike balance individual rights police practices least state ruling violates constitutional prohibitions peculiarly within competence highest state determine jurisdiction police subject stringent rules required federal constitutional minimum oregon decision case premised reluctant adherence deemed federal law require based independent conclusion admitting evidence held admissible today encourage police misconduct violation right compulsory precisely setting seems likely state apply state clause lessen perceives intolerable risk abuse accordingly view review decision reversing conviction unless quite clear state resolved applicable questions adversely defendant feels compelled view federal constitutional issue reverse conviction hand even majority correct oregon intend express view state well federal law least remand case proceedings state deems appropriate see absolutely reason departing usual course remanding case permit state consider claims including possible applicability state law issue treated see michigan payne california byers california green wright federal courts ed cf georgia railway electric decatur surely majority mean suggest oregon foreclosed considering respondent claims even ruling sua sponte statement question admissible matter state law think unprecedented assumption authority much surprise oregon dissent