Arrest and Related Procedures

ORS 133.623
Handling and disposition of things seized

(1)

The provisions of subsections (2), (3) and (4) of this section apply to all cases of seizure, except for a seizure made under a search warrant.

(2)

If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy of the list to the defendant.

(3)

If no claim to rightful possession has been established under ORS 133.633 (Motion for return or restoration of things seized) to 133.663 (Disputed possession rights), the things seized may be disposed of in accordance with ORS 98.245 (Disposition of unclaimed property) or the court may order that the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. If the responsible officials are state officials and the property is forfeited, the clear proceeds shall be deposited with the State Treasury in the Common School Fund.

(4)

If things seized in connection with an arrest are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seized are perishable and it is not possible to return them to their rightful possessor, the seizing officer may dispose of the items as justice and the necessities of the case require. [1973 c.836 §109; 1987 c.858 §1; 1997 c.480 §3]

Notes of Decisions

Failure to furnish a list of things seized following a warrantless search is not grounds for automatic suppression. State v. Fitzgerald, 19 Or App 860, 530 P2d 553 (1974)

Source

Last accessed
Mar. 11, 2023

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