State v. Meredith

The majority holds that no search occurred when defendant’s employer used a radio transmitter to secretly monitor her movements during the work day. Unless government employees have no constitutionally protected right against electronic surveillance in the workplace, the form of surveillance that the government employed here cannot be distinguished from the form of surveillance that the court held unconstitutional in State v. Campbell, 306 Or 157, 759 P2d 1040 (1988). Because I would hold that government employees retain a right to privacy against this form of surveillance, I respectfully…