STATE v. FOSTER

CC CM0520170; CA A129929; SC S056299.

217 P.3d 168 (2009)

347 Or. 1

STATE of Oregon, Petitioner on Review, v. Robert Lynn FOSTER, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided September 17, 2009.


Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were John R. Kroger, Attorney General, and Rolf C. Moan, Acting Solicitor General.

Bronson D. James, Chief Deputy Defender, Salem, argued the cause and filed the brief for respondent on review. With him on the brief was Peter Gartlan, Chief Deputy Public Defender, Appellate Division, Office of Public Defender Services.


GILLETTE, J.

In this criminal case, we are asked to consider whether evidence seized as a result of observations by an officer who looked into an open, lighted window of a residence at night, before serving a restraining order at that residence, should be suppressed under either the state or federal constitutional prohibitions against unreasonable searches and seizures. The trial court refused to do so, concluding, on the facts of this case, that the actions of the...

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