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STATE v. LUMAN

04102244; A132197.

188 P.3d 372 (2008)

220 Or. App. 617

STATE of Oregon, Plaintiff-Respondent, v. John Frederick LUMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Chris W. Dunfield, Corvallis, argued the cause and filed the brief for appellant.

Janet A. Metcalf, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Defendant was convicted on 11 counts of invasion of personal privacy, ORS 163.700,1 and argues on appeal that the trial court erred in denying in part his motion to suppress evidence found on a videotape. As explained below, we conclude that the videotape should have been suppressed. Accordingly, we reverse and remand.

The facts pertinent to the issue presented on appeal are, for the most part, not in dispute, as...

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