Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 120 - LICENSING PROCEDURES › Section 462-120-0020 - Search; Warrant/Warrantless

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person who applies for or is issued a license by the commission and any
			 person who enters a restricted area is deemed to have given consent to a
			 warrantless search by commission investigators or stewards of the person's
			 personal property (including clothing worn and items carried by the person),
			 the person's vehicle and any premises which the person occupies while the
			 person or the property is in any place under the jurisdiction of the
			 commission, subject to the following:
(a) The
			 investigators or stewards may search during times that the race meet is
			 licensed to conduct racing and for 30 days prior to the beginning and 30 days
			 after the end of the race meet.
(b)
			 The investigators or stewards may search when they have a reasonable suspicion
			 that the person possesses stolen property, a prohibited or injectable drug or
			 medication, controlled substance, unauthorized hypodermic instrument, needle or
			 syringe, unauthorized mechanical or electrical devices, unauthorized equipment,
			 contraband (including illegal gambling paraphernalia), weapon or other evidence
			 of a violation of racing statute or administrative rules.
(c) Notwithstanding the provisions of
			 subsection (b), the investigators may perform a periodic inspection of the
			 jockey room, including the assigned space of any jockey. The investigators may
			 also periodically use a metal detector to inspect each jockey for contraband
			 prior to leaving the jockey area for the saddling paddock. These inspections
			 may be conducted without prior notice.
(d) If the subject of the search is not an
			 applicant for a license or licensed by the commission, the search may be
			 conducted only if the person was given oral or written notice of this rule upon
			 entering the restricted area, or if the person is a trespasser onto the
			 restricted area.
(e) If the search
			 concerns the person or the property of a licensee who is represented by an
			 association pertaining to racing and recognized by the Oregon Racing
			 Commission, the person will be informed that they have the right to have an
			 association representative to witness the search, if one is available at that
			 time or within 15 minutes of the time that the search is requested by the
			 investigator or steward. If the licensee is not informed of the right, it will
			 not invalidate the search. If the representative is not immediately available,
			 the subject of the search must be under the observation of the investigator or
			 steward until the representative arrives or fails to arrive in the prescribed
			 time.
(f) Failure of any person to
			 consent to a search in accordance with this rule will subject the person to
			 appropriate discipline, including, if the person is a licensee, suspension and
			 ruling-off by the stewards, and possible revocation by the commission, or will
			 subject the person to ejection and/or exclusion from places under the
			 jurisdiction of the commission if an applicant or other unlicensed person. All
			 persons to be searched shall be advised that failure to permit a search may
			 result in revocation of their license (if a licensee) or exclusion from
			 restricted premises (if not licensed).
(g) Nothing in this rule prohibits the
			 application for and the execution of an administrative or criminal search
			 warrant if appropriate under the circumstances.