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STATE v. CAMPBELL

TC 85-164, 85-165; CA A37511; SC S34651.

759 P.2d 1040 (1988)

306 Or. 157

STATE of Oregon, Petitioner On Review, v. Roger Jonathan Scott CAMPBELL, Respondent On Review.

Supreme Court of Oregon.

Decided July 12, 1988.

Attorney(s) appearing for the Case

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michael D. Curtis, Metropolitan Public Defender, Oregon City, argued the cause for respondent on review.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and GILLETTE, JJ.

LENT, Justice.

The issue is whether police use of a radio transmitter to locate a private automobile to which the transmitter has been surreptitiously attached is a "search" or "seizure" under Article I, section 9, of the Oregon Constitution.1 We hold that it is a search. Because no warrant authorized the police to locate defendant's automobile in this manner, we affirm the decisions of the circuit...

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