State v. Gohring

These three criminal cases, consolidated for opinion, present the following issue: Is a warrantless, purposive, aerial observation from an airplane or helicopter an “unreasonable search” under Article I, section 9, of the Oregon Constitution. We conclude in each case that the intrusion of the aerial observations did not rise to the level of a search for constitutional purposes. We, therefore, reverse the decisions of the Court of Appeals and affirm the judgment of conviction of the trial courts in each of the three cases.

FACTS

State v. Gohring

The Gohring trial court made the following…