Arrest and Related Procedures

ORS 133.643
Ground for motion for return or restoration of things seized

A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because:

(1)

The things had been stolen or otherwise converted, and the movant is the owner or rightful possessor;

(2)

The things seized were not in fact subject to seizure under ORS 131.550 (Definitions for ORS 131) to 131.600 (Record keeping and reporting requirements) or 133.525 (Definitions for ORS 133) to 133.703 (Identity of informants);

(3)

The movant, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure under ORS 133.525 (Definitions for ORS 133) to 133.703 (Identity of informants);

(4)

Although the things seized were subject to seizure under ORS 133.525 (Definitions for ORS 133) to 133.703 (Identity of informants), the movant is or will be entitled to their return or restoration upon the court’s determination that they are no longer needed for evidentiary purposes; or

(5)

The parties in the case have stipulated that the things seized may be returned to the movant. [1973 c.836 §111; 2001 c.104 §44; 2001 c.666 §§22,23; 2005 c.830 §20]

Notes of Decisions

Where defendant, indicted for gambling offenses, stipulated as to quantity of cards seized as evidence and cards were not needed for evidentiary purposes, it was proper to return portion of evidence to defendant. State v. Terry, 37 Or App 333, 587 P2d 1033 (1978)

Person is “entitled” to return or restoration of item seized if person can lawfully possess item. Filipetti v. Dept. of Fish and Wildlife, 224 Or App 122, 197 P3d 535 (2008)

To compel return or restoration of seized property, person must establish both entitlement to property and that item is no longer needed for evidentiary purposes. Filipetti v. Dept. of Fish and Wildlife, 224 Or App 122, 197 P3d 535 (2008)

Person is not “entitled” to return or restoration of item seized by officer of law if person cannot lawfully possess item under either state or federal law. State v. Ehrensing, 255 Or App 402, 296 P3d 1279 (2013)

Source

Last accessed
Mar. 11, 2023

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