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STATE v. HOLT

No. CR 79-0707; CA 15950; SC 27449.

630 P.2d 854 (1981)

291 Or. 343

STATE of Oregon, Petitioner, v. Jackson Cantwell HOLT, Respondent.

Supreme Court of Oregon.

Decided July 8, 1981.

Attorney(s) appearing for the Case

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for petitioner. With him on the petition were James M. Brown, Atty. Gen., and John R. McCulloch Jr., Sol. Gen., Salem.

John Henry Hingson, III, Oregon City, argued the cause and filed a brief for respondent.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and TANZER, JJ.

TANZER, Justice.

Defendant appeals his conviction for public indecency, contending that it was error to deny his motion to suppress evidence of police observation of his conduct in a public restroom. The Court of Appeals agreed and reversed the conviction. We accepted to review the nature of reasonably expected privacy protected by the Fourth Amendment of the United States Constitution and Article I, section 9, of the Oregon Constitution.1

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