Arrest and Related Procedures

ORS 133.455
Receipts for property taken from person in custody

  • penalty


(1)

Whenever any jailer, peace officer or health officer takes or receives any money or other valuables from any person in custody for safekeeping or for other purposes, the officer or jailer receiving such valuables or money forthwith shall tender one of duplicate receipts for the property being surrendered to the person in custody. If possible, the person in custody shall countersign both the original and duplicate receipts. If the person is unable to sign the receipts or receive the duplicate thereof, the same shall be signed by and delivered to the person when reasonably possible. A file of the original receipts shall be kept for at least six months after the money or valuables have been returned to the person in custody, the agent or representative of the person or other person entitled to the same.

(2)

A person violating any of the provisions of subsection (1) of this section commits a Class B misdemeanor. [Formerly 142.210]

See also annotations under ORS 142.210 in permanent edition.

Notes of Decisions

Jail authorities may not, without probable cause, make a general exploratory search, seizure and analysis of all items found on arrestee during booking. State v. Kangiser, 8 Or App 368, 494 P2d 450 (1972)

To inventory arrestee's personal belongings as part of standard booking procedure is lawful. State v. Kangiser, 8 Or App 368, 494 P2d 450 (1972)

This section does not prohibit police from inventorying at place of arrest the belongings of arrested person who is about to be transported from place of arrest to jail. State v. Swartsfager, 11 Or App 69, 501 P2d 1321 (1972)


Source

Last accessed
Jun. 26, 2021