State v. De Witt Simons

Summary

The Oregon Supreme Court held that a person retains a privacy right under Article I, section 9 of the Oregon Constitution when accessing the internet via a public Wi‑Fi network, that terms‑of‑service notices do not extinguish that right, that the restaurant’s cooperation with police constituted state action, and that the year‑long warrantless surveillance was an unconstitutional search. Accordingly, the Court reversed the trial court and Court of Appeals in part and remanded for further consideration of the defendant’s motion to suppress.