294 Or. App. 284 - State v. Rainey’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(1) Except as otherwise provided in [other statutes not applicable here] or subsections (2) to (7) of this section, a person may not: "(a) Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless consent is given by at least one participant. "(b) Tamper with the wires, connections, boxes, fuses, circuits, lines or any other equipment or facilities of a telecommunication or radio communication company over which messages are transmitted, with the intent to obtain unlawfully the contents of a telecommunication or radio communication to which the person is not a participant. "(c) Obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, if not all participants in the conversation are specifically informed that their conversation is being obtained. "(d) Obtain the whole or any part of a conversation, telecommunication or radio communication from any person, while knowing or having good reason to believe that the conversation, telecommunication or radio communication was initially obtained in a manner prohibited by this section. "(e) Use or attempt to use, or divulge to others, any conversation, telecommunication or radio communication obtained by any means proh”

   1 later decision quote this exact passage
   e.g. 298 Or. App. 294 - State v. Evensen

2. “what is now paragraph (c), extending the prohibition to 'conversations,' " in 1959). It was in that context that the legislature adopted the homeowner's exception, which then exempted from ORS 165.540(1) 's prohibitions "subscribers or members of their family who perform the acts prohibited in this section in their homes.”

   1 later decision quote this exact passage
   e.g. 298 Or. App. 294 - State v. Evensen

3. “prohibited only obtaining or tampering with telecommunications or radio communications; there was no prohibition against recording face-to-face communications.”

   1 later decision quote this exact passage
   e.g. 298 Or. App. 294 - State v. Evensen