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.

†