State v. Bichsel

I join the majority in reversing defendant’s conviction under ORS 165.540(1) (a) for tape recording a police radio broadcast without the consent of at least one of the participants. I dissent, however, from the majority’s affirmance of defendant’s conviction under ORS 165.540(1)(c).

The majority asserts that defendant violated ORS 165.540(1)(c) because she tape recorded Officer Shadwick and the other police officer’s conversations with her and her companions without specifically informing the police that she was doing so. It is important to understand what took place here, factually. As the…