Arrest and Related Procedures

ORS 133.615
Return of the warrant

(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 specified in the warrant, return the warrant to the issuing judge together with a signed list of things seized and setting forth the date and time of the search.

(3)

Subject to the provisions of subsection (4) of this section, the issuing judge shall file the warrant and list returned to the judge, with the record of the proceedings on the application for the warrant made pursuant to ORS 133.555 (Hearing).

(4)

If the issuing judge does not have jurisdiction to inquire into the offense in respect to which the warrant was issued or the offense apparently disclosed by the things seized, the judge shall transmit the warrant and the record of proceedings for its issuance, together with the documents submitted on the return, to the clerk of the appropriate court having jurisdiction to inquire into such offense. [1973 c.836 §90]

See also annotations under ORS 141.130 and 141.190 in permanent edition.

Notes of Decisions

Under Former Similar Statute (Ors 141.190)

Failure of the issuing magistrate to transmit the warrant and accompanying papers to the appropriate court having jurisdiction of the crime is not reversible error unless such failure prejudiced the defendant. State v. Ronniger, 7 Or App 447, 492 P2d 298 (1971)

§§ 133.525 to 133.703

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)

Source

Last accessed
Jun. 26, 2021

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