State v. Haynes , 288 Or. 59 ( 1979 )

DENECKE, C. J.,

specially concurring.

I concur in the court’s decision. I specially concur because of the dictum in the court’s opinion to the effect that there is no law authorizing the police to delay or prevent communication between an arrested person and his or her lawyer. This dictum, stated in connection with the New York exclusionary rule, may create the inference that any evidence obtained as a result of an officer delaying or preventing communication is inadmissible. I would not concur in such a principle.

I also do not necessarily concur in the dictum stated in footnote 4.