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STATE v. MEREDITH

(98CR212OFE; CA A106960; SC S50173).

96 P.3d 342 (2004)

337 Or. 299

STATE of Oregon, Respondent on Review, v. Tamera Louise MEREDITH, Petitioner on Review.

Supreme Court of Oregon.

Decided August 26, 2004.

Attorney(s) appearing for the Case

Rebecca Duncan, Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With her on the briefs was Peter A. Ozanne, Executive Director, Office of Public Defense Services.

Douglas Zier, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Julia E. Markley, Perkins Coie, Portland, argued the cause and filed the brief for amicus curiae ACLU Foundation of Oregon, Inc. With her on the brief were Michael S. Simon and Chin See Ming, Portland.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.

RIGGS, J.

In this criminal case, we must decide whether, under the circumstances here, the attachment and monitoring of an electronic tracking device ("transmitter") to a truck that defendant's government employer owned constituted a "search" under Article I, section 9, of the Oregon Constitution.1 In affirming the trial court's denial of defendant's motion to suppress the evidence derived from the use of the transmitter, the Court of...

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