Opinion

Ensign v. Marion County

  • 140 Or. App. 114
  • 914 P.2d 5
  • 1996 Ore. App. LEXIS 432
Court
Court of Appeals of Oregon
Filed
Mar 27, 1996
Status
Published
Author
Haselton
On the bench
Deits, Haselton, Armstrong
Cited by
8 cases
Authority
More cited than 4.9%

finding that investigation done and report prepared by sheriffs board of review following a car accident was not a subsequent remedial measure

How later courts described this case

  • finding that investigation done and report prepared by sheriffs board of review following a car accident was not a subsequent remedial measure
  • "Assuming without deciding that the reprimand was a subsequent remedial measure, in this case failing to exclude evidence about the reprimand would not affect a substantial right of the county."

Written by the judges who cited it.

The opinion

*121 HASELTON, J.,

concurring.

I agree that the express “if taken previously” language of OEC 407 compels our holding. The obvious, and unfortunate, consequence is that public entities — including, particularly, law enforcement agencies — may forgo discretionary internal investigative processes so as to avoid generating inculpatory evidence. That, in turn, will subvert, not promote, public safety. Compare OEC 407 Commentary (1981) (noting that rule is based, in part, on “a social policy of encouraging people to take, or at least not discouraging them from taking, steps in furtherance of added safety”).

Still, the rule’s text admits of no other construction. The answer, if any, lies in legislative action, not judicial artifice. Cf. Abbotts v. Bacon, 133 Or App 315, 323 , 891 P2d 1321 (1995) (Haselton, J., dissenting).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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