OAR 291-028-0110
General Guidelines

(1) Searches of offenders may be conducted in the reasonable pursuit of correctional objectives for the purposes of officer safety, protection of the public, and reformation of the offender.
(2) An offender shall be given notice at the time of review of his/her conditions of supervision that failure to give consent to a search based upon reasonable grounds may result in arrest and/or revocation.
(3) Consent to search must be given at the time of the search by the offender or cohabitant. Neither the cohabitant nor offender may consent to search property under the exclusive control of the other.
(4) The offender or cohabitant has the right to limit the areas to be searched or to withdraw their consent to search at any time during the search. If that occurs, the scope of the search shall be limited or immediately discontinued. If the offender substantially limits or withdraws consent, he/she may be arrested for violation of the search condition.
(5) A search may be conducted by a parole and probation officer or by a representative of the officer who is assisting at the officer’s request.
(6) Additional consent to search vehicles or any unattached buildings must be obtained from the consenting party.
(7) Unless consent is given by the cohabitant, any search of the cohabitant’s personal living quarters or vehicle shall be done by a law enforcement officer pursuant to a warrant or an exception to the warrant requirement.
(8) An officer shall direct the offender to remain in an area of limited access while the search is in progress in order to preserve evidence, for the protection of search personnel, and in the event that consent to search is subsequently limited or withdrawn.
(9) Property defined as contraband, things otherwise criminally possessed or possessed in violation of supervision conditions, unclaimed goods or property taken for safekeeping may be seized during the search. Offenders shall be provided with a receipt detailing any property seized pursuant to this rule.
(10) Photographic documentation of a violation may be used as evidence.
(11) Contraband observed in plain view during the course of a contact or prior to requesting permission to search, may be seized.

Source: Rule 291-028-0110 — General Guidelines, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-028-0110.

Last Updated

Jun. 8, 2021

Rule 291-028-0110’s source at or​.us