reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.460 - Forfeiture of conveyances used unlawfully to conceal or transport stolen property.

(1) Any boat, vehicle, aircraft or other conveyance used by or with the knowledge of the owner or the person operating or in charge thereof, other than stolen conveyances, in the unlawful transportation of livestock, livestock carcasses, poultry or other personal property, as provided in ORS 142.070, or in which any such personal property unlawfully possessed is kept or concealed by or with the knowledge of such owner or person operating or in charge thereof, shall be forfeited to the state as provided in this section.
(2) If the person arrested under ORS 133.465 is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner. If the sheriff is able to determine the name and address of the owner, the sheriff shall immediately notify the owner by registered or certified mail of the seizure and of the owner’s rights and duties under this section and ORS 133.465.
(3) A person notified under subsection (2) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure, to return the vehicle or conveyance to the movant.
(4) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in ORS 133.465.
(5) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure.
(6) If the court does not order the return of the vehicle or conveyance under subsection (4) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in this section and ORS 133.470 and 133.475. [Formerly 142.080]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.465 - Seizure of stolen animals or other property being transported; proceedings against person arrested.

(1) When any peace officer discovers any person in the act of transporting any stolen live meat food animal or fowl, any meat food animal or fowl carcass, or any part thereof, or any wool, hides, grain or any other article which has been stolen in or upon any vehicle, boat, aircraft or conveyance of any kind, the officer shall seize all such articles or things found therein, take possession of the vehicle or other conveyance and arrest any person in charge thereof.
(2) The officer shall at once proceed against the person arrested, under the provisions of the law which has been violated, in any court having competent jurisdiction and shall deliver the vehicle or other conveyance to the sheriff of the county in which such seizure has been made.
(3) The vehicle or other conveyance shall be returned to the owner if the owner is the person arrested, upon execution of a good and valid bond, with sufficient sureties in a sum double the value of the property, which bond shall be approved by the court and shall be conditioned upon the return of said property to the custody of the sheriff at a time to be specified by the court. [Formerly 142.090]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.470 - Sale of seized property; rights of owner and lienholder.

(1) The court, upon conviction of the person arrested pursuant to ORS 133.465, shall, unless the bona fide owner or a bona fide lienholder registers an objection as provided in this section, subject to the ownership rights of innocent third parties, order a sale of the property at public auction by the sheriff of the county where it was seized.
(2) The sheriff, after deducting the expense of keeping the property and the cost of sale, shall pay, according to their priorities, all liens which are established by intervention or otherwise at such hearing or in other proceedings brought for said purpose and shall pay the balance of the proceeds into the general fund of the county.
(3) No claim of ownership or of any right, title or interest in the vehicle or other conveyance shall be held invalid unless the state shows to the satisfaction of the court, by clear and convincing evidence that the claimant had knowledge that the vehicle or other conveyance was used or to be used in violation of law.
(4) No such conveyance shall be sold under this section and unless the state proves to the court, by clear convincing evidence that the person asserting a claim of ownership or other right, title or interest in the conveyance had knowledge that such conveyance was to be used to convey stolen property, in which case the court shall order the vehicle or other conveyance to be released. All liens against property sold under this section or ORS 133.475 or 133.485 shall be transferred from the property to the proceeds of the sale of the property. [Formerly 142.100]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.475 - Notice to owner.

If no one claims the vehicle or other conveyance, as provided in ORS 133.470, the taking of the same with description thereof shall be advertised in some daily newspaper published in the city or county where taken or, if there is no daily newspaper published in such county or city, in a newspaper having weekly circulation in the city or county once a week for two weeks and by notice posted in three public places near the place of seizure. The legal owner, in the case of a motor vehicle, if licensed by the State of Oregon, as shown by the name and address of the legal owner in the records of the Department of Transportation, shall be notified by mail. If no claimant appears within 10 days after the last publication of the advertisement, the property shall be sold and the proceeds, after deducting the expenses and costs, shall be paid into the general fund of the county. [Formerly 142.110]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.485 - Perishable property; livestock or fowls.

If any of the property seized, as provided in ORS 133.465, is perishable, or livestock or fowls where the cost of keeping is great, the sheriff shall, upon order of the court, sell the same in the manner in which property is sold on execution. [Formerly 142.120]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.495 - Retention of property to answer order of court.

The proceeds of the sale mentioned in ORS 133.485 and other property seized shall be retained by liens, if not released on bond, to answer any order that may be entered by the court upon the trial of the person arrested. [Formerly 142.130]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.515 - Interpreter to be made available to person with a disability.

(1) As used in this section:
(a) "Person with a disability" means a person who cannot readily understand or communicate the English language, or cannot understand the proceedings or a charge made against the person, or is incapable of presenting or assisting in the presentation of a defense, because of deafness, or because of a physical hearing impairment or physical speaking impairment.
(b) "Qualified interpreter" means a person who is readily able to communicate with the person with a disability, translate the proceedings, and accurately repeat and translate the statements of the person with a disability to the officer or other person.
(2) Upon the arrest of a person with a disability and before interrogating or taking the statement of the person with a disability, the arresting peace officer, or when the arrest is by a private person, the officer to whom the person with a disability is delivered, shall make available to the person with a disability, at the earliest possible time, a qualified interpreter to assist the person with a disability throughout the interrogation or taking of a statement.
(3) The public employer of the arresting peace officer or officer to whom the person with a disability is delivered shall pay the fees and expenses of the qualified interpreter. [1973 c.386 §3; 1981 s.s. c.3 §139; 1989 c.224 §9; 2007 c.70 §34; 2015 c.397 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.518 - Duty of peace officer to request emergency medical services.

When a peace officer, as defined in ORS 161.015, encounters a restrained person suffering a respiratory or cardiac compromise, the officer shall request emergency medical services immediately if:
(1) It is tactically feasible to request emergency medical services; and
(2) The officer has access to communications. [2021 c.294 §2]
Note:
133.518 was enacted into law by the Legislative Assembly but was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.525 - Definitions for ORS 133.525 to 133.703.

As used in ORS 133.525 to 133.703, unless the context requires otherwise:
(1) "Interrelated conduct" means engaging in at least two incidents of activity that:
(a) Have the same or similar intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics, including a connection to the same enterprise;
(b) Are not isolated incidents; and
(c) Violate one or more provisions of ORS 475.005 to 475.285, 475.752 to 475.980, 475A.210 to 475A.722, 475C.005 to 475C.525 or 475C.770 to 475C.919.
(2) "Judge" means any judge of the circuit court, the Court of Appeals, the Supreme Court, any justice of the peace or municipal judge authorized to exercise the powers and perform the duties of a justice of the peace.
(3) "Police officer" means:
(a) A member of the Oregon State Police;
(b) A sheriff or municipal police officer, a police officer commissioned by a university under ORS 352.121 or 353.125 or an authorized tribal police officer as defined in ORS 181A.940;
(c) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state;
(d) An investigator of the Criminal Justice Division of the Department of Justice;
(e) A humane special agent as defined in ORS 181A.345; or
(f) A regulatory specialist exercising authority described in ORS 471.775 (2). [1973 c.836 §81; 1979 c.656 §2; 1991 c.67 §27; 1995 c.651 §7; 2011 c.506 §13; 2011 c.644 §§16,40; 2012 c.54 §§8,9; 2012 c.67 §§5,6; 2013 c.180 §§10,11; 2015 c.174 §5; 2015 c.614 §§139,140; 2023 c.216 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.535 - Permissible objects of search and seizure.

The following are subject to search and seizure under ORS 133.525 to 133.703:
(1) Evidence of or information concerning the commission of a criminal offense;
(2) Contraband, the fruits of crime, or things otherwise criminally possessed;
(3) Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense; and
(4) A person for whose arrest there is probable cause or who is unlawfully held in concealment. [1973 c.836 §82]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.537 - Protection of things seized; liability of agency.

(1) In all cases of seizure, an agency that seizes property shall take reasonable steps to safeguard and protect the things seized against loss, damage and deterioration.
(2) Notwithstanding subsection (1) of this section, an agency that seizes property is not liable for loss, damage or deterioration resulting from any reasonable actions taken to secure or develop evidence. [1991 c.540 §2]
Note:
133.537 was added to and made a part of 133.525 to 133.703 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.539 - Obtaining information from portable electronic devices.

(1) As used in this section:
(a)(A) "Forensic imaging" means using an electronic device to download or transfer raw data from a portable electronic device onto another medium of digital storage.
(B) "Forensic imaging" does not include photographing or transcribing information observable from the portable electronic device by normal unaided human senses.
(b) "Location information service" means a global positioning service or other mapping, locational or directional information service.
(c) "Portable electronic device" means any device designed to be easily moved from one location to another and that contains electronic data or that enables access to, or use of, an electronic communication service as defined in 18 U.S.C. 2510, remote computing service as defined in 18 U.S.C. 2711 or location information service.
(d) "Raw data" means data collected from a source that has not been subsequently altered or manipulated after collection.
(2) A law enforcement agency may not use forensic imaging to obtain information contained in a portable electronic device except:
(a) Pursuant to a search warrant issued under ORS 133.525 to 133.703; or
(b) As authorized by lawful consent.
(3) Information obtained in violation of this section:
(a) Is not admissible in and may not be disclosed in a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding, against either the owner of the portable electronic device or a person with a reasonable expectation of privacy in the contents of the device; and
(b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.
(4) A portable electronic device that has been forensically imaged pursuant to subsection (2) of this section may be returned as described in ORS 133.633 and 133.643.
(5) Subsection (2) of this section does not apply to:
(a) A correctional facility, youth correction facility or state hospital, as those terms are defined in ORS 162.135, when the facility or state hospital obtains information from a portable electronic device in an otherwise lawful manner.
(b) A parole and probation officer, juvenile community supervision officer as defined in ORS 420.905, community corrections agency or agency that supervises youths or adjudicated youths, when the officer or agency obtains information from a portable electronic device in an otherwise lawful manner. [2015 c.613 §1; 2021 c.489 §9]
Note:
133.539 was enacted into law by the Legislative Assembly but was 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.555 - Hearing.

(1) Before acting on the application, the judge may examine on oath the affiants, and the applicant and any witnesses the applicant may produce, and may call such witnesses as the judge considers necessary to a decision. The judge shall make and keep a record of any testimony taken before the judge. The record shall be admissible as evidence on any motion to suppress.
(2) If the judge finds that the application meets the requirements of ORS 133.545 and that, on the basis of the record made before the judge, there is probable cause to believe that the search will discover things specified in the application and subject to seizure under ORS 133.535, the judge shall issue a search warrant based on the finding of the judge and in accordance with the requirements of ORS 133.545 to 133.615. If the judge does not so find, the judge shall deny the application.
(3) The judge may orally authorize a police officer, a district attorney or a special agent employed under ORS 131.805 to sign the judge’s name on a duplicate original warrant. A duplicate original warrant shall be a search warrant for the purposes of ORS 133.535 to 133.615, and it shall be returned to the judge as provided in ORS 133.615. In such cases a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law.
(4) Until the warrant is executed, the proceedings upon application for a search warrant shall be conducted with secrecy appropriate to the circumstances. [1973 c.836 §84; 2009 c.334 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.565 - Contents of search warrant.

(1) A search warrant shall be dated and shall be addressed to and authorize its execution by an officer authorized by law to execute search warrants.
(2) The warrant shall state, or describe with particularity:
(a) The identity of the judge issuing the warrant and the date the warrant was issued;
(b) The name of the person to be searched, or the location and designation of the premises or places to be searched;
(c) The things constituting the object of the search and authorized to be seized; and
(d) The period of time, not to exceed five days, after execution of the warrant except as provided in subsection (3) of this section, within which the warrant is to be returned to the issuing authority.
(3) Except as otherwise provided herein, the search warrant shall be executed between the hours of 7 a.m. and 10 p.m. and within five days from the date of issuance. The judge issuing the warrant may, however, by indorsement upon the face of the warrant, authorize its execution at any time of the day or night and may further authorize its execution after five days, but not more than 10 days from date of issuance. [1973 c.836 §85]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.575 - Execution of warrant.

(1) Except as provided in ORS 136.583, a search warrant may be executed only within the period and at the times authorized by the warrant and only by a police officer. A police officer charged with its execution may be accompanied by such other persons as may be reasonably necessary for the successful execution of the warrant with all practicable safety. Other persons may include, but are not limited to:
(a) Civil enforcement officers;
(b) Victim services providers;
(c) Law enforcement agency personnel other than police officers;
(d) Employees of a utility company;
(e) The State Fire Marshal and assistants to the State Fire Marshal, as described in ORS 476.060;
(f) Employees of a county animal shelter or other animal care agency;
(g) Towers;
(h) Personnel from federal, state or local regulatory agencies;
(i) Emergency medical services providers, as defined in ORS 682.025; and
(j) Contractors and other persons assisting with the destruction of waste.
(2) The executing officer shall, before entering the premises, give appropriate notice of the identity, authority and purpose of the officer to the person to be searched, or to the person in apparent control of the premises to be searched, as the case may be.
(3) Except as provided in ORS 133.619, before undertaking any search or seizure pursuant to the warrant, the executing officer shall read and give a copy of the warrant to the person to be searched, or to the person in apparent control of the premises to be searched. If the premises are unoccupied or there is no one in apparent control, the officer shall leave a copy of the warrant suitably affixed to the premises. [1973 c.836 §86; 1989 c.983 §4; 2009 c.617 §2; 2023 c.216 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.595 - List of things seized.

Except as provided in ORS 133.619, promptly upon completion of the search, the officer shall make a list of the things seized, and shall deliver a receipt embodying the list to the person from whose possession they are taken, or the person in apparent control of the premises or vehicle from which they are taken. If the vehicle or premises are unoccupied or there is no one present in apparent control, the executing officer shall leave the receipt suitably affixed to the vehicle or premises. [1973 c.836 §88; 1989 c.983 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.605 - Use of force in executing warrants.

(1) The executing officer and other officers accompanying and assisting the officer may use the degree of force, short of deadly physical force, against persons, or to effect an entry, or to open containers, as is reasonably necessary for the execution of the search warrant with all practicable safety.
(2) The use of deadly physical force in the execution of a search warrant is justifiable only:
(a) If the officer reasonably believes that there is a substantial risk that things to be seized will be used to cause death or serious physical injury if their seizure is delayed and that the force used creates no substantial risk of injury to persons other than those obstructing the officer; or
(b) If the officer reasonably believes that the use of deadly physical force is necessary to defend the officer or another person from the use or threatened imminent use of deadly physical force. [1973 c.836 §89]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.615 - Return of the warrant.

(1) If a search warrant is not executed within the time specified by the warrant, the officer shall forthwith return the warrant to the issuing judge.
(2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant to the issuing judge together with a signed list of things seized and setting forth the date and time of the search.
(3) Subject to the provisions of subsection (4) of this section, the issuing judge shall file the warrant and list returned to the judge, with the record of the proceedings on the application for the warrant made pursuant to ORS 133.555.
(4) If the issuing judge does not have jurisdiction to inquire into the offense in respect to which the warrant was issued or the offense apparently disclosed by the things seized, the judge shall transmit the warrant and the record of proceedings for its issuance, together with the documents submitted on the return, to the clerk of the appropriate court having jurisdiction to inquire into such offense. [1973 c.836 §90]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.617 - "Mobile tracking device" defined.

As used in ORS 133.545 and 133.619, unless the context requires otherwise, "mobile tracking device" means an electronic or mechanical device which permits the tracking of the movement of a person or object. [1989 c.983 §1]
Note:
133.617 and 133.619 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.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.619 - Execution of warrant authorizing mobile tracking device.

(1) A warrant authorizing the installation or tracking of a mobile tracking device shall be executed as provided in this section.
(2) The officer need not inform any person of the existence or content of the warrant prior to its execution.
(3) Except as provided in subsection (4) of this section, the officer need not deliver or leave a receipt for things seized or observations made under authority of the warrant.
(4) Within five days of the execution of the warrant, or, in the case of an ongoing investigation, within such additional time as the issuing judge may allow upon application, the officer shall mail a receipt for things seized or observations made under authority of the warrant to the following:
(a) If the mobile tracking device has been affixed to a vehicle, to the registered owner; and
(b) To such other persons as the court may direct in the warrant.
(5) The receipt provided for in subsection (4) of this section must include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device.
(6) A warrant authorizing the installation or tracking of a mobile tracking device shall be issued only when based upon the submission of an affidavit or oral statement as described in ORS 133.545, which affidavit or statement demonstrates that probable cause exists to believe that an individual is committing or is about to commit:
(a) A particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life and punishable as a felony;
(b) A crime punishable as a felony arising under ORS 475.752, 475.806 to 475.894, 475C.005 to 475C.525 or 475C.770 to 475C.919;
(c) The crime of unlawfully transporting metal property under ORS 164.857 or a crime described in ORS 165.118;
(d) Bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony;
(e) A violation of a criminal provision of the wildlife laws as described in ORS 496.002;
(f) A violation of a criminal provision of the commercial fishing laws as described in ORS 506.001;
(g) A violation of ORS 704.020, 704.021, 704.030 or 704.065; or
(h) A conspiracy to commit a crime listed in this subsection.
(7) A court may authorize the installation or tracking of a mobile tracking device for a period not to exceed 30 days. Upon application, the court may grant one or more extensions for a period not to exceed 30 days per extension. [1989 c.983 §2; 1991 c.625 §1; 1993 c.171 §1; 1999 c.56 §2; 2005 c.708 §44; 2009 c.811 §8; 2013 c.359 §1; 2023 c.209 §4]
Note:
See note under 133.617.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.621 - Medical procedures; immunity from liability for performing.

A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, may withdraw bodily substances, pierce human tissue, perform medical tests and procedures and otherwise use medical procedures to gather evidence in a criminal investigation. A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, shall not be held civilly liable for gathering potential evidence in a criminal investigation in a medically acceptable manner at the request of a peace officer. The civil immunity granted in this section is not conditioned upon the existence of probable cause, the existence of a search warrant or the existence of a court order. Nothing in this section shall be interpreted as requiring a duly licensed physician to act at the request of a peace officer. [1989 c.585 §2]
Note:
133.621 was added to and made a part of ORS chapter 133 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.623 - Handling and disposition of things seized.

(1) The provisions of subsections (2), (3) and (4) of this section apply to all cases of seizure, except for a seizure made under a search warrant.
(2) If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy of the list to the defendant.
(3) If no claim to rightful possession has been established under ORS 133.633 to 133.663, the things seized may be disposed of in accordance with ORS 98.245 or the court may order that the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. If the responsible officials are state officials and the property is forfeited, the clear proceeds shall be deposited with the State Treasury in the Common School Fund.
(4) If things seized in connection with an arrest are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seized are perishable and it is not possible to return them to their rightful possessor, the seizing officer may dispose of the items as justice and the necessities of the case require. [1973 c.836 §109; 1987 c.858 §1; 1997 c.480 §3]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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]
2023 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]