Arrest and Related Procedures

ORS 133.721
Definitions for ORS 41

As used in ORS 41.910 (Certain intercepted communications inadmissible) and 133.721 (Definitions for ORS 41) to 133.739 (Civil damages for willful interception, disclosure or use of communications), unless the context requires otherwise:

(1)

“Aggrieved person” means a person who was a party to any wire, electronic or oral communication intercepted under ORS 133.724 (Order for interception of communications) or 133.726 (Interception of oral communication without order) or a person against whom the interception was directed and who alleges that the interception was unlawful.

(2)

“Contents,” when used with respect to any wire, electronic or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication.

(3)

“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include:

(a)

Any oral communication or any communication that is completely by wire; or

(b)

Any communication made through a tone-only paging device.

(4)

“Electronic, mechanical or other device” means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:

(a)

Any telephone or telegraph instrument, equipment or facility, or any component thereof that is furnished to the subscriber or user by a telecommunications carrier in the ordinary course of its business and that is being used by the subscriber or user in the ordinary course of its business or being used by a telecommunications carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of official duties; or

(b)

A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(5)

“Intercept” means the acquisition, by listening or recording, of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device.

(6)

“Investigative or law enforcement officer” means:

(a)

An officer or other person employed to investigate or enforce the law by:

(A)

A county sheriff or municipal police department, or a police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);

(B)

The Oregon State Police, the Department of Corrections, the Attorney General or a district attorney; or

(C)

Law enforcement agencies of other states or the federal government;

(b)

An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A); or

(c)

A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2).

(7)

“Oral communication” means:

(a)

Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or

(b)

An utterance by a person who is participating in a wire or electronic communication, if the utterance is audible to another person who, at the time the wire or electronic communication occurs, is in the immediate presence of the person participating in the communication.

(8)

“Telecommunications carrier” means:

(a)

A telecommunications utility as defined in ORS 759.005 (Definitions); or

(b)

A cooperative corporation organized under ORS chapter 62 that provides telecommunications services.

(9)

“Telecommunications service” has the meaning given that term in ORS 759.005 (Definitions).

(10)

“Wire communication” means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, whether furnished or operated by a public utility or privately owned or leased. [1979 c.716 §2; 1983 c.824 §6; 1987 c.320 §18; 1987 c.447 §103; 1989 c.983 §6; 1999 c.1093 §1; 2001 c.385 §1; 2003 c.14 §53; 2005 c.22 §104; 2011 c.644 §§17,62,70; 2012 c.54 §§10,11; 2013 c.180 §§12,13; 2015 c.174 §6; 2015 c.614 §§141,142]

Notes of Decisions

Recording of telephone conversation by police officer-party to conversation was not “interception” subject to suppression for failure to obtain court order. State v. Underwood, 293 Or 389, 648 P2d 847 (1982)

Defendant did not have reasonable expectation that utterance made while seated in patrol car after being arrested would not be intercepted. State v. Wischnofske, 129 Or App 231, 878 P2d 1130 (1994)

Defendant, who was not identified in body-wire order as person whose communication was to be intercepted, and who was not a party to intercepted communications, was not “aggrieved person.” State v. Klein, 352 Or 302, 283 P3d 350 (2012)

Source

Last accessed
Mar. 11, 2023

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