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STATE v. GOHRING

TC Nos. C2860A, C2860A, B, C2859, 87-CR-1771; CA A48278 (Control), CA A48333, CA A48317, CA A48131; SC S36143, SC S36224, SC S36128.

803 P.2d 1189 (1991)

311 Or. 33

STATE of Oregon, Petitioner on Review, v. Bill Henry GOHRING, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Janet Arlene GOHRING, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Dawn Leigh SESSION, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Harry Emil VIAR, Respondent on Review.

Supreme Court of Oregon.

Argued and Submitted September 29, 1989.

Decided January 3, 1991.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petitions were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, and Diane S. Lefkow, Asst. Attys. Gen., Salem.

Steven V. Humber, Salem, argued the cause for respondents on review, Bill Henry Gohring, Janet Arlene Gohring and Dawn Leigh Session.

Nick Nylander, North Bend, argued the cause for respondent on review, Harry Emil Viar.

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

Argued and Submitted October 4, 1989. [Titles 1-3]

Argued and Submitted September 29, 1989. [Title 4]

CARSON, Justice.

These three criminal cases, consolidated for opinion, present the following issue: Is a warrantless, purposive, aerial observation from an airplane or helicopter an "unreasonable search" under Article I, section 9, of the Oregon Constitution.1 We conclude in each...

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