State v. Carlson

311 Or. 201, 808 P.2d 1002 (1991)

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Nature of the Case

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Facts

A police officer was dispatched to Carlson's (D) apartment on a domestic dispute call. The officer was met by D's wife, who was with her sister and daughter. D was not in the apartment. The officer searched the apartment with the consent of D's wife and found traces of methamphetamine on the bedroom mirror. Later, in the parking lot, the officer met D and noticed what appeared to be track marks on his arm. Without first advising D of his rights, the officer asked him about the marks. D initially responded, 'yeah, I got a few tracks,' and then said that the marks were injuries he got while working on a car. D's wife heard this and said, 'You liar, you got them from shooting up in the bedroom with all tour stupid friends.' The officer testified that D then 'hung his head and shook his head back and forth.' At trial, D objected to the introduction of the statement and its use as an admission against interest because he had not adopted them.