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STATE v. WACKER

C8904498CR; CA A62171.

826 P.2d 1019 (1992)

111 Or.App. 483

STATE of Oregon, Appellant, v. Bart Dale WACKER, Respondent.

Court of Appeals of Oregon.

Decided February 26, 1992.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Peter Gartlan, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Sally L. Avera, Public Defender.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

The state seeks reversal of an order granting defendant's motion to suppress evidence discovered as a result of police observation of defendant with a "starlight scope"1 and camcorder. The sole issue is whether the enhanced observations made by using the scope constituted a search. We agree with the trial court that it did and affirm.

With the consent of the Aloha Tavern owner, three officers stationed...

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