Arrest and Related Procedures
Execution of warrant authorizing mobile tracking device
(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) of this section, the officer need not deliver or leave a receipt for things seized or observations made under authority of the warrant.
(4)Within five days of the execution of the warrant, or, in the case of an ongoing investigation, within such additional time as the issuing judge may allow upon application, the officer shall mail a receipt for things seized or observations made under authority of the warrant to the following:
(a)If the mobile tracking device has been affixed to a vehicle, to the registered owner; and
(b)To such other persons as the court may direct in the warrant.
(5)The receipt provided for in subsection (4) of this section must include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device.
(6)A warrant authorizing the installation or tracking of a mobile tracking device shall be issued only when based upon the submission of an affidavit or oral statement as described in ORS 133.545 (Issuance of search warrant), which affidavit or statement demonstrates that probable cause exists to believe that an individual is committing or is about to commit:
(a)A particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life and punishable as a felony;
(b)A crime punishable as a felony arising under ORS 475.752 (Prohibited acts generally) or 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine);
(c)The crime of unlawfully transporting metal property under ORS 164.857 (Unlawfully transporting metal property) or a crime described in ORS 165.118 (Metal property offenses);
(d)Bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony;
(e)A violation of a criminal provision of the wildlife laws as described in ORS 496.002 (Short title);
(f)A violation of a criminal provision of the commercial fishing laws as described in ORS 506.001 (Contents of commercial fishing laws);
(g)A violation of ORS 704.020 (Registration requirement), 704.021 (Proof of compliance with registration requirements), 704.030 (False statements in registration application) or 704.065 (Decal to be affixed to boat); or
(h)A conspiracy to commit a crime listed in this subsection.
(7)A court may authorize the installation or tracking of a mobile tracking device for a period not to exceed 30 days. Upon application, the court may grant one or more extensions for a period not to exceed 30 days per extension. [1989 c.983 §2; 1991 c.625 §1; 1993 c.171 §1; 1999 c.56 §2; 2005 c.708 §44; 2009 c.811 §8; 2013 c.359 §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)