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OSBURN v. STATE

No. 36650.

44 P.3d 523 (2002)

Frederick Allen OSBURN, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

April 25, 2002.

Attorney(s) appearing for the Case

Wolfson & Glass and Jay L. Siegel, Las Vegas, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Stewart L. Bell, District Attorney, and James Tufteland and Christopher J. Laurent, Chief Deputy District Attorneys, Clark County, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

AGOSTI, J.:

As part of a serial rape investigation, the police attached an electronic monitoring device to the bumper of Frederick Osburn's vehicle in order to track his movements as he traveled the public streets of Las Vegas. The police did not obtain a warrant prior to attaching the device to the bumper of Osburn's vehicle, which was parked on the street outside his residence.

Eventually, through visual surveillance, and with the...

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