STATE v. CAMPBELL

85-164, 85-165; CA A37511.

742 P.2d 683 (1987)

87 Or.App. 415

STATE of Oregon, Appellant, v. Roger Jonathan Scott CAMPBELL, Respondent.

Court of Appeals of Oregon.

Decided September 16, 1987.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, for appellant. With him on brief, were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Michael D. Curtis, Metropolitan Public Defender, Oregon City, filed brief, for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


BUTTLER, Presiding Judge.

The state appeals from an order in these consolidated cases suppressing evidence discovered as a result of the installation and monitoring of an electronic tracking device attached to the exterior of defendant's car without a warrant under circumstances that the state concedes did not provide probable cause or any exception to the warrant requirement. The state urges this court to hold that the police may, without the knowledge or consent...

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