reglab/housing_qa huggingface dataset:
OR Rev Stat § 133.633 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.633 - Motion for return or restoration of things seized.

(1) Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow: (a) An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premises from which they were seized. (b) Any other person asserting a claim to rightful possession of the things seized may move the appropriate court to restore the things seized to the movant. (2) The appropriate court to consider such motion is: (a) The court having ultimate trial jurisdiction over any crime charged in connection with the seizure; (b) If no crime is charged in connection with the seizure, the court to which the warrant was returned; or (c) If the seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made. (3) The movant shall serve a copy of the motion upon the district attorney or the city attorney, whichever is appropriate, of the jurisdiction in which the property is in custody. (4) No filing, appearance or hearing fees may be charged for filing or hearing a motion under this section. (5)(a) The things seized that are the subject of a motion for return under this section may include raw data obtained from the forensic imaging of a portable electronic device or of a computer. (b) As used in this subsection, "forensic imaging," "portable electronic device" and "raw data" have the meanings given those terms in ORS 133.539. [1973 c.836 §110; 1999 c.37 §1; 2005 c.22 §102; 2015 c.613 §2]
OR Rev Stat § 133.635 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.635

[1961 c.696 §3; 1967 c.628 §2; renumbered 135.080]
OR Rev Stat § 133.643 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.643 - Ground for motion for return or restoration of things seized.

A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because: (1) The things had been stolen or otherwise converted, and the movant is the owner or rightful possessor; (2) The things seized were not in fact subject to seizure under ORS 131.550 to 131.600 or 133.525 to 133.703; (3) The movant, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure under ORS 133.525 to 133.703; (4) Although the things seized were subject to seizure under ORS 133.525 to 133.703, the movant is or will be entitled to their return or restoration upon the court’s determination that they are no longer needed for evidentiary purposes; or (5) The parties in the case have stipulated that the things seized may be returned to the movant. [1973 c.836 §111; 2001 c.104 §44; 2001 c.666 §§22,23; 2005 c.830 §20]
OR Rev Stat § 133.653 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.653 - Postponement of return or restoration; appellate review; contents of order.

(1) In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use. (2) An order granting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denying such a motion or entered under ORS 133.663 shall be reviewable on appeal upon certification by the court having custody of the things in question that they are no longer needed for evidentiary purposes. (3)(a) An order granting a motion for return of raw data obtained from the forensic imaging of a portable electronic device or of a computer shall include a provision that a law enforcement agency may not retain a copy of the raw data to be returned. (b) As used in this subsection, "forensic imaging," "portable electronic device" and "raw data" have the meanings given those terms in ORS 133.539. [1973 c.836 §112; 2015 c.613 §3]
OR Rev Stat § 133.660 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.660

[Amended by 1961 c.289 §1; 1965 c.508 §5; 1973 c.836 §139; renumbered 135.085]
OR Rev Stat § 133.663 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.663 - Disputed possession rights.

(1) If, upon consideration of a motion for return or restoration of things seized, it appears to the court that the things should be returned or restored, but there is a substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants to rightful possession, the court may: (a) Return the things to the person from whose possession they were seized; or (b)(A) Impound the things seized and set a further hearing, ensuring that all persons with a possible possessory interest in the things in question receive due notice and an opportunity to be heard; and (B) Upon completion of the hearing provided for in subparagraph (A) of this paragraph, enter an order for the return or restoration of the things seized. (2) If there is no substantial question whether the things should be returned to the person from whose possession they were seized, they must be returned to the person upon the release of the defendant from custody. (3) Instead of conducting the hearing provided for in subsection (1)(b)(A) of this section and returning or restoring the property, the court, in its discretion, may leave the several claimants to appropriate civil process for the determination of the claims. [1973 c.836 §113; 2005 c.22 §103]
OR Rev Stat § 133.670 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.670

[Renumbered 135.090]
OR Rev Stat § 133.673 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.673 - Motions to suppress evidence.

(1) Objections to use in evidence of things seized in violation of any of the provisions of ORS 133.525 to 133.703 shall be made by a motion to suppress which shall be heard and determined by any department of the trial court in advance of trial. (2) A motion to suppress which has been denied may be renewed, in the discretion of the court, on the ground of newly discovered evidence, or as the interests of justice require. [1973 c.836 §114; 1975 c.197 §1]
OR Rev Stat § 133.680 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.680

[Renumbered 135.095]
OR Rev Stat § 133.690 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.690

[Renumbered 135.100]
OR Rev Stat § 133.693 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.693 - Challenge to truth of evidence.

(1) Subject to the provisions of subsection (2) of this section, in any proceeding on a motion to suppress evidence the moving party shall be entitled to contest, by cross-examination or offering evidence, the good faith, accuracy and truthfulness of the affiant with respect to the evidence presented to establish probable cause for search or seizure. (2) If the evidence sought to be suppressed was seized by authority of a search warrant, the moving party shall be allowed to contest the good faith, accuracy and truthfulness of the affiant as to the evidence presented before the issuing authority only upon supplementary motion, supported by affidavit, setting forth substantial basis for questioning such good faith, accuracy and truthfulness. (3) In any proceeding under subsection (2) of this section, the moving party shall have the burden of proving by a preponderance of the evidence that the evidence presented before the issuing authority was not offered in good faith, was not accurate and was not truthful. (4) Where the motion to suppress challenges evidence seized as the result of a warrantless search, the burden of proving by a preponderance of the evidence the validity of the search is on the prosecution. (5) The court shall determine whether, under applicable law, any inaccuracy, untruthfulness or lack of good faith requires suppression. [1973 c.836 §118]
OR Rev Stat § 133.700 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.700

[Renumbered 135.105]
OR Rev Stat § 133.703 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.703 - Identity of informants.

(1) In any proceeding on a motion to suppress evidence wherein, pursuant to ORS 133.693, the good faith of the testimony presented to establish probable cause is contested, and wherein such testimony includes a report of information furnished by an informant whose identity is not disclosed in the testimony, the moving party shall be entitled to prevail on the motion to suppress and evidence obtained as a result of the information furnished by the informant shall be suppressed unless: (a) The evidence sought to be suppressed was seized by authority of a search warrant and the informant testified in person before the issuing authority; or (b) The judge determines from the affiant by a preponderance of the evidence that such confidential informant exists and is reliable. (2) If the defendant is entitled to prevail on the motion to suppress under subsection (1) of this section, the evidence obtained as a result of the information furnished by the informant shall be suppressed. [1973 c.836 §119]
OR Rev Stat § 133.705 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.705 - Definitions for ORS 133.705 to 133.717.

As used in ORS 133.705 to 133.717: (1) "Biological evidence" means an individual’s blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids or other identified biological material. "Biological evidence" includes the contents of a sexual assault forensic evidence kit. (2) "Convicted" includes a finding of guilty or responsible except for insanity and a finding that a person is within the jurisdiction of the juvenile court under ORS 419C.005. (3) "Covered offense" means: (a) Aggravated murder under ORS 163.095; (b) Murder in the first degree under ORS 163.107; (c) Murder in the second degree under ORS 163.115; (d) Manslaughter in the first degree under ORS 163.118; (e) Manslaughter in the second degree under ORS 163.125; (f) Aggravated vehicular homicide under ORS 163.149; (g) Rape in the first degree under ORS 163.375; (h) Sodomy in the first degree under ORS 163.405; or (i) Unlawful sexual penetration in the first degree under ORS 163.411. (4) "Custodian" means a law enforcement agency as defined in ORS 131.550, or any other person or public body as defined in ORS 174.109, that is charged with the collection, preservation or retrieval of evidence in connection with a criminal investigation or criminal prosecution. "Custodian" does not include a court. (5) "DNA" means deoxyribonucleic acid. (6) "DNA profile" means the unique identifier of an individual that is derived from DNA. (7) "Sentence" means a term of incarceration in a correctional or juvenile detention facility, a period of probation, parole or post-prison supervision and the period of time during which a person is under the jurisdiction of the Psychiatric Security Review Board. (8) "Supervisory authority" has the meaning given that term in ORS 144.087. (9) "Victim" has the meaning given that term in ORS 131.007. [2011 c.275 §2; 2019 c.635 §7] Note: 133.705 to 133.717 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
OR Rev Stat § 133.710 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.710

[Renumbered 135.115]
OR Rev Stat § 133.713 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.713 - Inventory; right to review.

(1) Upon written request by the defendant, the district attorney shall provide the defendant with an inventory of biological evidence that has been preserved under ORS 133.705 to 133.717 and is related to the covered offense for which the defendant was convicted. (2) A defendant or, if the defendant is represented by an attorney, the defendant’s attorney has the right to reasonably review biological evidence that is the subject of a written notice of intent to dispose of biological evidence under ORS 133.709 for the purpose of preparing a motion to preserve biological evidence. [2011 c.275 §5] Note: See note under 133.705.
OR Rev Stat § 133.715 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.715 - Order; appeal.

(1) Upon receipt of a timely motion to preserve biological evidence under ORS 133.709 (3), the court shall: (a) Conduct a hearing to resolve the motion; or (b) Enter an order directing the custodian to preserve the biological evidence. (2)(a) In determining whether to order the preservation of biological evidence, the court shall consider, in addition to other factors the court considers appropriate, the following factors: (A) Whether the identification of the offender was a disputed issue; (B) Whether other biological evidence in the case contains DNA in an amount that is sufficient to develop a DNA profile and will not be disposed of; (C) If the biological evidence has not previously been tested, whether it is possible to perform testing on the biological evidence; (D) Whether the defendant has served all of the sentence imposed; and (E) Whether the defendant has exhausted the defendant’s appellate or post-conviction rights. (b) If the defendant has not exhausted the defendant’s appellate and post-conviction rights, there is a presumption that the biological evidence should be preserved. (c) In making the determination described in this subsection, except as otherwise provided in paragraph (b) of this subsection, the court may assign the weight the court deems appropriate to the factors described in paragraph (a) of this subsection and to any other factor the court determines is appropriate. (d) For purposes of subparagraph (2)(a)(A) of this section, the court need not presume that identification of the offender is not a disputed issue solely because the defendant has pleaded guilty or no contest to the crime, has confessed to the crime or has made an admission. (3) If the court enters an order authorizing the disposal of biological evidence, the order may not authorize disposal to occur sooner than 45 days after the date the order is entered. The court shall provide a copy of the order to the custodian, the district attorney and the defendant. (4) Either the state or the defendant may appeal from an order entered under this section in the manner provided in ORS chapter 19 for appeals from judgments. Notwithstanding ORS 19.330, the filing of a notice of appeal automatically stays an order entered under this section. [2011 c.275 §4] Note: See note under 133.705.
OR Rev Stat § 133.717 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.717 - Provision of notice or order to defendant.

When a provision of ORS 133.705 to 133.717 requires a district attorney or the court to provide written notice or an order to the defendant and the defendant: (1) Is incarcerated for any offense in a Department of Corrections institution, the notice must be sent by regular United States mail in an envelope prominently displaying the words "Legal Mail." (2) Is supervised by a supervisory authority for any offense, the notice must be sent by regular United States mail to the defendant’s last-known address on record with the supervisory authority. (3) Is no longer supervised by a supervisory authority, the notice must be sent by certified mail to the defendant’s last-known address. [2011 c.275 §6] Note: See note under 133.705.
OR Rev Stat § 133.720 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.720

[Renumbered 135.125]
OR Rev Stat § 133.723 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.723 - Records confidential.

The application for any order under ORS 133.724 and any supporting documents and testimony in connection therewith shall remain confidential in the custody of the court, and these materials shall not be released or information concerning them in any manner disclosed except upon written order of the court and as required under ORS 135.805 to 135.873. No person having custody of any records maintained under ORS 133.721 to 133.739 shall disclose or release any materials or information contained therein except upon written order of the court and as required under ORS 135.805 to 135.873. [Formerly 141.740; 1979 c.716 §13]
OR Rev Stat § 133.727 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.727 - Proceeding under expired order prohibited.

Any officer who knowingly proceeds under an order which has expired and has not been renewed as provided in ORS 133.724 is deemed to act without authority under ORS 133.724 and shall be subject to the penalties provided in ORS 165.543, as though the officer had never obtained any such order or warrant. [Formerly 141.730; 1979 c.716 §14; 1983 c.824 §7]
OR Rev Stat § 133.729 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.729 - Recording intercepted communications; method; delivery to court; custody.

The contents of any wire, electronic or oral communication intercepted in accordance with the provisions of ORS 133.724 shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this section shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order issued under ORS 133.724, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under the direction of the judge. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed before the expiration of the minimum retention period established by the State Court Administrator under ORS 8.125. Duplicate recordings may be made for use or disclosure pursuant to the provisions of ORS 133.737 (1) and (2) for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under ORS 133.737 (3). [1979 c.716 §7; 1989 c.983 §8; 1997 c.872 §12]
OR Rev Stat § 133.730 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.730

[Renumbered 135.135]
OR Rev Stat § 133.731 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.731 - Inventory; contents; inspection of intercepted communications.

(1) Within a reasonable time but not later than 90 days after the termination of the period of an order issued under ORS 133.724, or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in the judge’s discretion should be served in the interest of justice, an inventory which shall include notice of: (a) The fact of the entry of the order or the application; (b) The date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and (c) The fact that during the period wire, electronic or oral communications were or were not intercepted. (2) The judge, upon the filing of a motion, may in the judge’s discretion make available to such person or the person’s counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of the circuit court, the serving of the inventory required by this section may be postponed. [1979 c.716 §8; 1989 c.983 §9]
OR Rev Stat § 133.733 (2021)
2021 Oregon Revised Statutes|Volume : 04 - Criminal Procedure, Crimes|Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition|Section 133.733 - Procedure for introduction as evidence.

The contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This 10-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information. [1979 c.716 §9; 1989 c.983 §10]