Arrest and Related Procedures
Obtaining information from portable electronic devices
(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 observable from the portable electronic device by normal unaided human senses.
(b)“Location information service” means a global positioning service or other mapping, locational or directional information service.
(c)“Portable electronic device” means any device designed to be easily moved from one location to another and that contains electronic data or that enables access to, or use of, an electronic communication service as defined in 18 U.S.C. 2510, remote computing service as defined in 18 U.S.C. 2711 or location information service.
(d)“Raw data” means data collected from a source that has not been subsequently altered or manipulated after collection.
(2)A law enforcement agency may not use forensic imaging to obtain information contained in a portable electronic device except:
(a)Pursuant to a search warrant issued under ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants); or
(b)As authorized by lawful consent.
(3)Information obtained in violation of this section:
(a)Is not admissible in and may not be disclosed in a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding, against either the owner of the portable electronic device or a person with a reasonable expectation of privacy in the contents of the device; and
(b)May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.
(4)A portable electronic device that has been forensically imaged pursuant to subsection (2) of this section may be returned as described in ORS 133.633 (Motion for return or restoration of things seized) and 133.643 (Ground for motion for return or restoration of things seized).
(5)Subsection (2) of this section does not apply to:
(a)A correctional facility, youth correction facility or state hospital, as those terms are defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205), when the facility or state hospital obtains information from a portable electronic device in an otherwise lawful manner.
(b)A parole and probation officer, juvenile community supervision officer as defined in ORS 420.905 (Definitions for ORS 420.905 to 420.915), community corrections agency or agency that supervises youth or youth offenders, when the officer or agency obtains information from a portable electronic device in an otherwise lawful manner. [2015 c.613 §1]
Notes of Decisions
Infractions are "criminal" and search warrant may issue for their investigation. State v. Weist, 79 Or App 435, 720 P2d 753 (1986), aff'd 302 Or 379, 730 P2d 25 (1986)
Law Review Citations
52 OLR 139-154 (1973)