Title 14, Procedure in Criminal Matters Generally

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]

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]

(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 o…

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 off…

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 interrela…

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 poss…

(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, da…

(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 obs…

(1) A search warrant may be issued only by a judge. A search warrant issued by a judge of the Supreme Court or the Court of Appeals may be executed anywhere in the state. Except as otherwise provided in subsections (2), (3) and (4) of this section, a search warrant issued by a ju…

(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 tak…

(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 wa…

(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 necess…

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 v…

(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 …

(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 spe…

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 Le…

(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)…

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…

(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, m…

(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 premise…

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…

(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 s…

(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 t…

(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 ha…

(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 t…

(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…

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 …

(1) A custodian shall preserve biological evidence in accordance with ORS 133.705 to 133.717 if the evidence: (a) Is collected as part of a criminal investigation into a covered offense; or (b) Is otherwise in the possession of the custodian and reasonably may be used to incrimin…

(1)(a) A custodian may seek to dispose of biological evidence before the period of time specified in ORS 133.707 (2), by providing written notice, in the form developed under ORS 133.707 (7), to the district attorney having jurisdiction over the prosecution of the covered offense…

(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 …

(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 p…

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…

As used in ORS 41.910 and 133.721 to 133.739, unless the context requires otherwise: (1) “Aggrieved person” means a person who was a party to any wire, electronic or oral communication intercepted under ORS 133.724 or 133.726 or a person against whom the interception was directed…

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 w…

(1) An ex parte order for the interception of wire, electronic or oral communications may be issued by any circuit court judge upon written application made upon oath or affirmation of the individual who is the district attorney or a deputy district attorney authorized by the dis…

(1) Notwithstanding ORS 133.724, under the circumstances described in this section, a law enforcement officer is authorized to intercept an oral communication to which the officer or a person under the direct supervision of the officer is a party, without obtaining an order for t…

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…

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 th…

(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 par…

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 …

(1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress the contents of any wire, electronic or oral communication i…

(1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress recordings of any oral communication intercepted in violatio…

(1) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 to 133.739, has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724, or evidence derived therefrom, may disclose such contents to another in…

(1) Any person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 or 133.737 shall have a civil cause of action against any person who willfully intercepts, discloses or uses, or procures any other person to intercept, disc…

(1)(a) A law enforcement agency shall establish policies and procedures for the use, storage and retention of video and audio recordings resulting from the operation of video cameras worn upon a law enforcement officer’s person that record the officer’s interactions with members …

(1) Where appearing in ORS 133.743 to 133.857, the term “Governor” includes any person performing the extradition functions of Governor by authority of an appointment under subsection (2) of this section. The term “executive authority” includes the Governor and any person perform…

The Governor shall determine the security requirements necessary to safely carry out the extradition of a person from another state including, but not limited to, the number of agents needed to secure the return of a person under ORS 133.743 to 133.857. [1999 c.867 §12; 2009 c.40…

Subject to the qualifications of ORS 133.743 to 133.857 and the provisions of the Constitution of the United States controlling, and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of…

No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a …

When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this state to investigate or assist in invest…