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STATE v. CASCONI

No. 87-11632; CA A47332.

766 P.2d 397 (1988)

94 Or.App. 457

STATE of Oregon, Respondent, v. Stan D. CASCONI, Appellant.

Court of Appeals of Oregon.

Decided December 21, 1988.

Attorney(s) appearing for the Case

J. Kevin Hunt, Oregon City, argued the cause and filed the brief for appellant.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Brenda J. Peterson, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

JOSEPH, Chief Judge.

Defendant appeals his conviction for public indecency. ORS 163.465. He contends that warrantless police surveillance of a public restroom violated his rights under Article I, section 9, of the Oregon constitution, and the Fourth Amendment and that the evidence gained should be suppressed. The trial court refused to suppress. We reverse.

The Oregon State police conducted clandestine surveillance of a restroom in a freeway rest area. A hidden...

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