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A Court of Appeals decision in Oregon says that people suspected of
engaging in illegal activities can use the darkness of night as a
cloak of privacy from police officers. The court threw out evidence
obtained by police in Washington County with the use of a night
scope, which amplifies background nighttime light, giving the
viewer a fuzzy but well-lit view. The court said that the natural
cloak of darkness constitutes a reasonable expectation of privacy
and that the officers had violated the suspect's
Fourth Amendment
right to be free from unreasonable searches and seizures.
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