This section contains the nature of the case and procedural background.

Fisher (D) and her two daughters were employed at M&W Thriftway to clean the store. A video camera was installed at the store. On August 12, 1981, D and her daughters arrived at the store for cleaning. The manager of the store replaced a tape in the camera around midnight and then again when he found a number of law enforcement officers at the store because D had been caught removing bags of groceries from the store. Pursuant to their instructions, he removed that tape from the camera and safeguarded them until the trial. During a motion in limine, the manager of the store testified about the camera, tape replacement, and how nothing had been disturbed or moved and that once turned on the camera could not be approached to turn it off without being recorded. The tape was entered into evidence and showed D and her daughters stealing the groceries. D was convicted and appealed.

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