Oregon Supreme Court - August 2, 2012
From OCDLA Library of Defense
by: Fgieringer • August 2, 2012 • no comments
Search and seizure > Aggrieved Person for Purposes of Wiretaps and Body-wires
To suppress evidence obtained from a body-wire or a wiretap, under ORS 133.735-736 the defendant must be an "aggrieved person." An aggrieved person is either a party to the intercepted communication, or is a person "identified in the order 'whose oral communications are to be intercepted.'" Here, defendant was not a party to the intercepted communications because he was not present during the recorded conversation, nor was defendant identified in the body-wire order. Therefore, he was not an aggrieved person and could not suppress the conversation under ORS 133.736. State v. Klein
