298, 105 S. Ct. 1285, 84 L.Ed. 2d 222 (1985)MERITS:Officers Burke and McAllister of the Polk County, Oregon Sheriff's office, on the basis of a witness' statement, obtained an arrest warrant for Michael Elstad, who was suspected of burglary. The officers went to Elstad's home and were escorted to his room by his mother. After instructing the respondent to dress and accompany them to the living room, Officer McAllister took Elstad's mother into the kitchen while Officer Burke stayed with the respondent. Without advising Elstad of his Miranda rights, Officer Burke asked him whether he was aware of the officer's reason for wanting to talk with him, and whether he knew Mr. and Mrs. Gross (the victims). Elstad stated that he knew the Grosses, and that he'd heard they'd been burglarized. Burke replied that he thought Elstad was involved in the burglary, and the respondent admitted, "Yes, I was there." He was then taken to the Sheriff's office and was subsequently advised of his Miranda rights. Elstad stated that he understood his rights and that he would give a statement, which he did in detail. His confession was read back to him and read by him. Elstad initialed and signed the statement and also added a sentence ("After leaving the house Robby and I went back to [the] van and Robby handed me a small bag of grass") to it. Elstad maintained that at no time did the officers make threats or promises to him. He was charged with first degree burglary and opted against a jury trial. Defense immediately moved to suppress both Elstad's initial verbal statement and the signed confession, contending that the initial statement he made at his house to Officer Burke "let the cat out of the bag," causing his ensuing written confession to be tainted as "fruit of the poisonous tree." The judge excluded the initial statement due to Elstad's not having been informed of his Miranda rights prior to that statement. Elstad's written confession wa...
