State v. Casconi

Defendant appeals his conviction for public indecency. ORS 163.465. He contends that warrantless police surveillance of a public restroom violated his rights under Article I, section 9, of the Oregon constitution, and the Fourth Amendment and that the evidence gained should be suppressed. The trial court refused to suppress. We reverse.

The Oregon State police conducted clandestine surveillance of a restroom in a freeway rest area. A hidden camera was directed at two doorless toilet stalls that were separated by a metal partition. The camera was located at a hole in an outside concrete wall.…