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STATE v. FLEETWOOD

(CC CR92167; CA A77709; SC S41311)

16 P.3d 503 (2000)

331 Or. 511

STATE of Oregon, Respondent on Review, v. Jerry Lee FLEETWOOD, Petitioner on Review.

Supreme Court of Oregon.

Resubmitted June 11, 1998.

Decided December 29, 2000.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued the cause for petitioner on review. With her on the briefs were Sally L. Avera, Public Defender, and Louis R. Miles, Deputy Public Defender.

Rives Kistler, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the briefs were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Janie M. Burcart, Assistant Attorney General.

David E. Groom, Salem, filed a brief for amicus curiae Oregon Criminal Defense Lawyers Association. With him on the brief was David G. Terry, Roseburg.

Thomas M. Christ, Portland, filed a brief for amicus curiae ACLU Foundation of Oregon, Inc.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, and DURHAM, Justices.

DURHAM, J.

Defendant seeks review of a decision of the Court of Appeals that reversed the trial court's order suppressing evidence obtained through police use of an electronic listening device. State v. Fleetwood, 127 Or.App. 558, 872 P.2d 998 (1994).1 Defendant argues that Oregon law did not authorize the police to intercept and record the communications involved...

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