State v. Luman, 347 Or. 487

Summary

The Oregon Supreme Court held that police did not conduct an unconstitutional search by viewing a videotape that private parties had previously viewed and lawfully delivered to law enforcement. Under Article I, section 9, of the Oregon Constitution, the private viewing destroyed the defendant's protected privacy interest in the videotape to the extent of the private search, so no warrant was required for the deputy's confirmatory viewing. The court reversed the Court of Appeals and affirmed the circuit court's judgment.

Holdings

1. Private conduct is not converted into state action merely because private parties unlawfully obtain evidence and deliver it to police; the sheriff's office lawfully possessed the videotape for criminal investigative purposes.
2. When private parties have seized evidence, examined it, delivered it to police, and disclosed what it contains, the owner's protected possessory and privacy interests in the evidence are destroyed at least to the extent of the private search. A police officer's subsequent confirmatory viewing within that scope is not a search under Article I, section 9, and requires no warrant.

Questions Presented

1. Whether police were required under Article I, section 9, of the Oregon Constitution to obtain a warrant before viewing a videotape that private parties had already viewed and voluntarily delivered to police.
2. Whether the deputy's confirmatory viewing of the videotape constituted a search or invaded a protected privacy interest after the private search.

Disposition

reversed