State v. Herndon

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• \The privilege against self-incrimination is not implicated by the requirement that a defendant submit to a breath test. The results are not testimonial * * *.\
• “The privilege against self-incrimination is not implicated by the requirement that a defendant submit to a breath test. The results are not testimonial * * *.”
• “The privilege against self-incrimination is not implicated by the requirement that a defendant submit to a breath test. The results are not testimonial or communicative but are evidence to which the state is entitled.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

2 cases in this archive cite this case.

• State v. Nielsen
  Court of Appeals of Oregon· 1997-03-26· cited 26×
• State v. Banks
  Court of Appeals of Oregon· 2017-07-12· cited 3×

Cites

11 cases in this archive are cited by this case.

• Schmerber v. California
  Supreme Court· 1966-06-20· cited 6,067×
• Kirby v. Illinois
  Supreme Court· 1972-06-07· cited 3,001×
• United States v. Gouveia
  Supreme Court· 1984-05-29· cited 1,098×
• State v. Kennedy
  Oregon Supreme Court· 1983-07-06· cited 519×
• State v. Newton
  Oregon Supreme Court· 1981-10-27· cited 146×
• State v. Spencer
  Oregon Supreme Court· 1988-02-17· cited 145×
• State v. Gardner
  Court of Appeals of Oregon· 1981-06-08· cited 28×
• State v. Trenary
  Court of Appeals of Oregon· 1992-08-12· cited 16×
• State v. Freymuller
  Court of Appeals of Oregon· 1976-08-09· cited 14×
• State v. Baxter
  Court of Appeals of Oregon· 1978-06-20· cited 5×
• State v. Coy
  Court of Appeals of Oregon· 1980-09-22· cited 3×