Arrest and Related Procedures
Motion for return or restoration of things seized
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)