State v. Jensen

*233ROSSMAN, J.

Defendant was convicted of theft in the second degree. ORS 164.045. A Mervyn’s department store security agent observed her place a pair of pants in a diaper bag and leave the store without paying for them. On appeal, she contends that the agent violated her right against unreasonable searches under Article I, section 9, of the Oregon Constitution by observing her in the privacy of a fitting room and that the trial court therefore erred when it denied her pretrial motion to suppress evidence derived from the agent’s observations. Without reaching the question of whether the search…