State v. Provost- Probation Revocation Reversed

October 23, 2013

In another case where the trial court should have known better, this time coming out of Lane County, the Court of Appeals sent this probation revocation case, State v. Provost (October 9, 2013), back for further proceedings.

The trial court inexplicably failed to suppress the statements of Mr. Provost who was interrogated while in custody and without having been advised of his rights under Miranda.  While it had ample legitimate grounds for revoking Mr. Provost’s probation, the trial court failed to articulate whether the decision was based on the improperly obtained statements or on the other evidence produced at the hearing.

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