Everard v. State

The facts in this matter include the following: Detective O’Neil set up surveillance of Everard’s home. Detective O’Neil positioned himself across the street about thirty-five to forty feet from Everard’s sliding glass door. O’Neil testified that he saw a hand unlock the door and someone look through the drapes (later identified as Everard.) O’Neil testified that he saw Ev-erard pull the drapes aside, that Everard was clad only in white briefs, and that he was fondling himself. O’Neil testified that he could see all of this with his plain eyes, but he did use either binoculars or a zoom lens…