State v. Wacker

*485BUTTLER, P. J.

The state seeks reversal of an order granting defendant’s motion to suppress evidence discovered as a result of police observation of defendant with a “starlight scope”1 and camcorder. The sole issue is whether the enhanced observations made by using the scope constituted a search. We agree with the trial court that it did and affirm.

With the consent of the Aloha Tavern owner, three officers stationed themselves in a darkened, second floor office above the front end of the tavern parking lot. The officers used the scope and a video camcorder to watch the lot for drug activity.…