On review from the Court of Appeals.
Kenneth A. Kreuscher, Portland Law Collective, LLP, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Travis Eiva. Doug M. Petrina, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.
Kendra M. Matthews, Ransom Blackman LLP, Portland, filed the brief for amicus curiae ACLU Foundation of Oregon, Inc.
Before BALMER, Chief Justice, KISTLER, WALTERS, and LINDER, Justices, and DURHAM and De MUNIZ, Senior Judges, Justices pro tempore.
Appeal from Jackson County Circuit Court, Ron D. Grensky, Judge. 237 Or.App. 351, 239 P.3d 1002 (2010).
The decision of the Court of Appeals and the judgment of the circuit court are affirmed by an equally divided court.
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