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OR: Viewing videotapes privately seized required a warrant

By John Wesley Hall, Jr.

Restaurant manager charged with video voyeurism for surreptitiously recording women in the bathroom based on employees violating rules and looking at the TV in the restaurant kitchen discovering one tape. They turned over that and other tapes to the police who viewed them without a warrant. The warrantless viewing of the videotapes violated the defendant's reasonable expectation of privacy under Oregon law. State v. Luman, 220 Ore. App. ___, 2008 Ore. App. LEXIS 880 (June 25, 2008). Defendant passenger in a car driven by a driver suspected to be under the influence of meth was detained when his driver's license was put in the police car. He ultimately had his backpack searched, it it was not "unattenuated" from the initial detention. State v...continue to full post

Full post as published by Fourth Amendment on June 28, 2008 (boomark / email).