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STATE v. AINSWORTH

TC Nos. 85-3451-C-2, 85-3452-C-2; CA A41480 (Control), A41596 SC S36097.

801 P.2d 749 (1990)

310 Or. 613

STATE of Oregon, Petitioner On Review, v. Cheryl Lynne AINSWORTH, Respondent On Review. State of Oregon, Petitioner On Review, v. John Ainsworth, Respondent On Review.

Supreme Court of Oregon.

Decided November 26, 1990.

Attorney(s) appearing for the Case

Jonathan H. Fussner, 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.

Robert J. McCrea, Eugene, argued the cause for respondents on review.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

CARSON, Justice.

The issue in this case is whether purposive aerial observation by police constitutes an "unreasonable search" under Article I, section 9, of the Oregon Constitution.1 We conclude that a purposive aerial observation is not, simply by virtue of either of these characteristics, a search for constitutional purposes. Because we determine that defendants' constitutional rights were...

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