State v. Breshears

DEITS, J.,

specially concurring.

Although I agree with the result in this case, I do not agree with the broad language used in part of the majority’s analysis. In particular, I do not agree with the majority’s statement that we have previously “found a privacy interest in the area surrounding an apartment dweller’s residence.” 98 Or App at 111. State v. Roles, 75 Or App 63, 705 P2d 227 (1985), cited by the majority, does not stand for that proposition.1 In fact, we have never before addressed the general question of whether a “common area” surrounding an apartment complex is afforded the same…