Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OR: Police view through bedroom window violated defendant's right to privacy

By John Wesley Hall, Jr.

Officer's view into bedroom window violated the Oregon Constitution by invading defendant's privacy. Homeowners expect visitors to come to the door or the garage, not the bedroom window. State v. Foster, 2008 Ore. App. LEXIS 492 (April 16, 2008): The issue is whether Hardison's observations occurred from a lawful vantage point. Initially, we note that it was lawful for the deputies to approach the front door to serve the restraining order on an occupant of the residence. In State v. Gabbard, 129 Ore. App. 122, 128, 877 P.2d 1217 (1994), we stated that "[a]n officer's right to go to the front door of a house is based on implied consent to allow visitors to take reasonable steps to make contact with the occupant." That consent, however, is limited...continue to full post

Full post as published by Fourth Amendment on April 19, 2008 (boomark / email).