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STATE v. OWCZARZAK

No. 87-11706; CA A46859.

766 P.2d 399 (1988)

94 Or.App. 500

STATE of Oregon, Respondent, v. Paul Stefan OWCZARZAK, Appellant.

Court of Appeals of Oregon.

Decided December 21, 1988.

Attorney(s) appearing for the Case

John Henry Hingson III, Oregon City, argued the cause for appellant. With him on the brief was ACLU Foundation of Oregon, Inc., Oregon City.

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

WARREN, Judge.

Defendant appeals his conviction for public indecency, ORS 163.465, after a trial to the court on stipulated facts. We reverse.

Defendant assigns as error the trial court's denial of his motion to suppress evidence obtained as a result of the same warrantless police surveillance that we discussed in State v. Casconi, 94 Or.App. 457, 766 P.2d 397 (decided this date...

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