State v. Campbell

The issue is whether police use of a radio transmitter to locate a private automobile to which the transmitter has been surreptitiously attached is a “search” or “seizure” under Article I, section 9, of the Oregon Constitution. We hold that it is a search. Because no warrant authorized the police to locate defendant’s automobile in this manner, we affirm the decisions of the circuit court and the Court of Appeals to suppress the evidence thereby obtained.

I

1. We base our statement of the facts on the findings of the circuit court. A trial court’s findings are binding upon appellate courts if…