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STATE v. CLEVELAND

(CC 92CR306; CA A76961; SC S41302)

16 P.3d 514 (2000)

331 Or. 531

STATE of Oregon, Respondent on Review, v. Elizabeth A. CLEVELAND, 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, Diane L. Alessi, Chief Deputy Public Defender, and Peter Gartlan, Deputy Public Defender.

Rives Kistler, Assistant Attorney General, Salem, argued the cause for respondents on review. With him on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor 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 was convicted of delivery of a controlled substance, a Class "B" felony. ORS 475.992. She appealed, assigning error to the trial court's denial of a motion to suppress evidence of conversations that police obtained through use of an electronic device, i.e., a body wire, hidden on the person of a police informant. The Court of Appeals affirmed in a per curiam decision that cited State v. Bass...

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