Arrest and Related Procedures

ORS 133.633
Motion for return or restoration of things seized

(1)

Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow:

(a)

An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premises from which they were seized.

(b)

Any other person asserting a claim to rightful possession of the things seized may move the appropriate court to restore the things seized to the movant.

(2)

The appropriate court to consider such motion is:

(a)

The court having ultimate trial jurisdiction over any crime charged in connection with the seizure;

(b)

If no crime is charged in connection with the seizure, the court to which the warrant was returned; or

(c)

If the seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made.

(3)

The movant shall serve a copy of the motion upon the district attorney or the city attorney, whichever is appropriate, of the jurisdiction in which the property is in custody.

(4)

No filing, appearance or hearing fees may be charged for filing or hearing a motion under this section.

(5)

(a)

The things seized that are the subject of a motion for return under this section may include raw data obtained from the forensic imaging of a portable electronic device or of a computer.

(b)

As used in this subsection, “forensic imaging,” “portable electronic device” and “raw data” have the meanings given those terms in ORS 133.539 (Obtaining information from portable electronic devices). [1973 c.836 §110; 1999 c.37 §1; 2005 c.22 §102; 2015 c.613 §2]

Notes of Decisions

Absent evidence that automobile was used for unlawful transportation of narcotics, state had no right to confiscate automobile seized in connection with search of defendant’s home. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978), Sup Ct review denied

Motion to return things seized should not be denied for untimeliness under this section unless state makes some showing of prejudice. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978), Sup Ct review denied

Under this section, persons are entitled only to restoration of possession of things seized and state is not required to repair or pay damages for physical injury to things during seizure. Emery v. State of Oregon, 297 Or 755, 688 P2d 72 (1984)

Law Review Citations

65 OLR 199, 205 (1986)

Source

Last accessed
May 30, 2023

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