ORS 133.653
Postponement of return or restoration; appellate review; contents of order


(1)

In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use.

(2)

An order granting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denying such a motion or entered under ORS 133.663 (Disputed possession rights) shall be reviewable on appeal upon certification by the court having custody of the things in question that they are no longer needed for evidentiary purposes.

(3)

(a) An order granting a motion for return of raw data obtained from the forensic imaging of a portable electronic device or of a computer shall include a provision that a law enforcement agency may not retain a copy of the raw data to be returned.

(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 §112; 2015 c.613 §3]

Notes of Decisions

Certification by court having custody means formal notice and may not be inferred from court’s appointment of counsel to appeal denial of motion. State v. Shaw, 27 Or App 511, 556 P2d 717 (1976)

§§ 133.623 to 133.663

See also annotations under ORS 141.160 and 141.180 in permanent edition.

Law Review Citations

7 WLJ 450-468 (1971); 65 OLR 199, 200 (1986)

§§ 133.525 to 133.703

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)


Source
Last accessed
May. 15, 2020