Oregon v. Miskell/Sinibaldi
Annotate this CaseDefendants Michael Miskell and Anthony Sinibaldi sought review of a Court of Appeals decision affirming their convictions for aggravated first-degree theft and second-degree burglary. The Supreme Court allowed their petition for review to consider one of the issues defendants raised in their consolidated appeal: whether the trial court erred in denying their motion to suppress an audio recording of a conversation between defendants and a police informant, which the police made without first obtaining a court order. Upon review, the Court concluded that the police acted unlawfully in failing to seek a court order under ORS 9 133.726 before intercepting and recording the conversation, and that the recording should have been suppressed. The Court further concluded that the error was prejudicial. Accordingly, the Court reversed and remanded the case to the trial court for further proceedings.
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