State v. Ainsworth

The issue in this case is whether purposive aerial observation by police constitutes an “unreasonable search” under Article I, section 9, of the Oregon Constitution. We conclude that a purposive aerial observation is not, simply by virtue of either of these characteristics, a search for constitutional purposes. Because we determine that defendants’ constitutional rights were not violated in this case, we reverse the decision of the Court of Appeals and affirm the trial court’s judgments of conviction.

FACTS

Defendants, husband and wife, live on approximately 14 acres of rural property in…