§ 135.073 Statement by defendant when not advised of rights

If a judge doesn't properly advise a defendant of their rights, as required by another rule (ORS 135.070), this rule protects that person. It says that anything found because of that mistake can't be used against the person in front of a grand jury.

In simple terms, this means the state can't use evidence that came from a defendant's statement if the judge skipped telling them their rights first. This includes evidence found directly from what the person said, and also evidence found indirectly, like leads that came from that statement. If the judge messed up this step, prosecutors lose the ability to use anything that came out of it when asking a grand jury to bring charges.

This rule exists to make sure people are properly informed of their rights before they say anything that could be used against them. It gives real consequences when that doesn't happen, so the process stays fair for the person accused of a crime.