State v. Luman

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 the parties stipulated to most of the facts at the suppression hearing. On August 23, 2004, one of the employees at defendant’s restaurant and catering business, Smith, turned on the…