Oregon Statutes 133.403 – Voluntariness of statement by juvenile during custodial interview
(1) A statement made by a person during a custodial interview conducted by a peace officer is presumed to be involuntary if the person is under 18 years of age and the statement is made in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult would constitute a misdemeanor or a felony, and the court determines that the peace officer intentionally used information known by the officer to be false to elicit the statement. This presumption may be overcome if the state proves by clear and convincing evidence that the statement was voluntary and not made in response to the false information used by the peace officer to elicit the statement.
Terms Used In Oregon Statutes 133.403
- Allegation: something that someone says happened.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) As used in this section:
(a) ‘Custodial interview’ has the meaning given that term in ORS § 133.402.
(b) ‘Peace officer’ has the meaning given that term in ORS § 133.005. [2021 c.487 § 1]
133.403 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
PEACE OFFICERS OF
ANOTHER STATE
(Adjoining State)