Arrest and Related Procedures

ORS 133.663
Disputed possession rights

(1)

If, upon consideration of a motion for return or restoration of things seized, it appears to the court that the things should be returned or restored, but there is a substantial question whether they should be returned to the person from whose possession they were seized or to some other person, or a substantial question among several claimants to rightful possession, the court may:

(a)

Return the things to the person from whose possession they were seized; or

(b)

(A) Impound the things seized and set a further hearing, ensuring that all persons with a possible possessory interest in the things in question receive due notice and an opportunity to be heard; and

(B)

Upon completion of the hearing provided for in subparagraph (A) of this paragraph, enter an order for the return or restoration of the things seized.

(2)

If there is no substantial question whether the things should be returned to the person from whose possession they were seized, they must be returned to the person upon the release of the defendant from custody.

(3)

Instead of conducting the hearing provided for in subsection (1)(b)(A) of this section and returning or restoring the property, the court, in its discretion, may leave the several claimants to appropriate civil process for the determination of the claims. [1973 c.836 §113; 2005 c.22 §103]
§§ 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
Jun. 26, 2021

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