An official of the state, its political subdivisions or any agency thereof may seize drug paraphernalia when:
(1) The drug paraphernalia is the subject of an adverse judgment under ORS 475.525 to 475.565;
(2) The seizure is in the course of a constitutionally valid arrest or search;
(3) The owner or person in possession of the drug paraphernalia consents to the seizure; or
(4) The seizure is pursuant to a lawful order of a court, including an order issued under ORCP 83 or ORS 166.725. [1989 c.1077 §5]