ORS 133.735
Suppression of intercepted communications

  • procedure
  • grounds
  • appeal

(1)

Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress the contents of any wire, electronic or oral communication intercepted under ORS 133.724 (Order for interception of communications), or evidence derived therefrom, on the grounds that:

(a)

The communication was unlawfully intercepted;

(b)

The order of authorization or approval under which it was intercepted is insufficient on its face; or

(c)

The interception was not made in conformity with the order of authorization or approval.

(2)

Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic or oral communication, or evidence derived therefrom, shall be treated as having been unlawfully obtained. The judge, upon the filing of such motion by the aggrieved person, may in the judge’s discretion make available to the aggrieved person or the person’s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.

(3)

In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1979 c.716 §10; 1989 c.983 §11]

Source: Section 133.735 — Suppression of intercepted communications; procedure; grounds; appeal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html.

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)

Proper sanction for failure to minimize interception of communications not covered by warrant is suppression of all intercepted communications. State v. Tucker, 62 Or App 512, 662 P2d 345 (1983), Sup Ct review denied

ORS 165.540 provision allowing police to obtain certain conversations upon existence of probable cause or exigent circumstances does not make conversations obtained without court order, or information derived from conversations, admissible. State v. Fleetwood, 331 Or 511, 16 P3d 503 (2000); State v. Cleveland, 331 Or 531, 16 P3d 514 (2000)

133.005
Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450 133.007
Sufficiency of information or complaint 133.015
Contents of information or complaint 133.020
Magistrate defined 133.030
Who are magistrates 133.033
Peace officer 133.035
Ex parte emergency protective orders 133.055
Criminal citation 133.060
Cited person to appear before magistrate 133.065
Service of criminal citation 133.066
Criminal citations generally 133.068
Contents of criminal citation issued without complaint 133.069
Contents of criminal citation issued with complaint 133.070
Criminal citation where arrest without warrant is authorized for ordinance violation 133.073
Electronic filing of criminal citation 133.076
Failure to appear on criminal citation 133.110
Issuance 133.120
Authority to issue warrant 133.140
Content and form of warrant 133.220
Who may make arrest 133.225
Arrest by private person 133.235
Arrest by peace officer 133.239
Arrest by parole and probation officer 133.245
Arrest by federal officer 133.310
Authority of peace officer to arrest without warrant 133.315
Liability of peace officer making arrest 133.318
Providing false foreign restraining order 133.340
Authority to order arrest for crime committed in presence of magistrate 133.360
Arrests on warrant or order transmitted by telegraph 133.375
Definitions for ORS 133.375 to 133.381 133.377
Arrest of persons for cruelty to animals 133.379
Duty of peace officer to arrest and prosecute violators of cruelty to animals laws 133.381
Procedure in arrests for violation of certain restraining orders 133.400
Recording of custodial interviews of adults 133.402
Recording of custodial interviews of juveniles 133.403
Voluntariness of statement by juvenile during custodial interview 133.405
Definitions for ORS 133.405 to 133.408 133.407
Immunities and liabilities 133.408
Application of ORS 133.405 and 133.407 133.410
Short title 133.420
Definitions for ORS 133.410 to 133.440 133.430
Authority to make arrest in fresh pursuit 133.440
Proceedings following arrest in fresh pursuit 133.450
Return of arrest warrant 133.455
Receipts for property taken from person in custody 133.460
Forfeiture of conveyances used unlawfully to conceal or transport stolen property 133.465
Seizure of stolen animals or other property being transported 133.470
Sale of seized property 133.475
Notice to owner 133.485
Perishable property 133.495
Retention of property to answer order of court 133.515
Interpreter to be made available to person with a disability 133.518
Duty of peace officer to request emergency medical services 133.525
Definitions for ORS 133.525 to 133.703 133.535
Permissible objects of search and seizure 133.537
Protection of things seized 133.539
Obtaining information from portable electronic devices 133.545
Issuance of search warrant 133.555
Hearing 133.565
Contents of search warrant 133.575
Execution of warrant 133.595
List of things seized 133.605
Use of force in executing warrants 133.615
Return of the warrant 133.617
“Mobile tracking device” defined 133.619
Execution of warrant authorizing mobile tracking device 133.621
Medical procedures 133.623
Handling and disposition of things seized 133.633
Motion for return or restoration of things seized 133.643
Ground for motion for return or restoration of things seized 133.653
Postponement of return or restoration 133.663
Disputed possession rights 133.673
Motions to suppress evidence 133.693
Challenge to truth of evidence 133.703
Identity of informants 133.705
Definitions for ORS 133.705 to 133.717 133.707
Custodian’s obligation to preserve biological evidence 133.709
Notice of intent to dispose 133.713
Inventory 133.715
Order 133.717
Provision of notice or order to defendant 133.721
Definitions for ORS 41.910 and 133.721 to 133.739 133.723
Records confidential 133.724
Order for interception of communications 133.726
Interception of oral communication without order 133.727
Proceeding under expired order prohibited 133.729
Recording intercepted communications 133.731
Inventory 133.733
Procedure for introduction as evidence 133.735
Suppression of intercepted communications 133.736
Suppression of intercepted oral communication 133.737
Disclosure and use of intercepted communications 133.739
Civil damages for willful interception, disclosure or use of communications 133.741
Law enforcement agency policies and procedures regarding video and audio recordings 133.743
Definitions for ORS 133.743 to 133.857 133.745
Determination of security requirements to carry out extradition 133.747
Fugitives from other states 133.753
Form of demand 133.757
Investigation of demand and report 133.763
Facts documents must show 133.767
Extradition of person not present in demanding state at time of commission of crime 133.773
Governor’s warrant of arrest 133.777
Execution of the warrant 133.783
Authority of arresting officer to command assistance 133.787
Rights of arrested person 133.793
Penalty for disobedience to ORS 133.787 133.797
Confinement of prisoner 133.803
Arrest prior to requisition 133.805
Arrest without warrant 133.807
Commitment to await arrest on requisition 133.809
Release 133.813
Proceedings in absence of arrest under executive warrant within specified time 133.815
Forfeiture 133.817
Persons under criminal prosecution in this state at time of requisition 133.823
When guilt of accused may be inquired into 133.825
Governor may recall warrant 133.827
Warrant to agent to return fugitive from this state 133.833
Application for requisition 133.835
Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion 133.837
Appointment of agent to return fugitive from this state who waives extradition 133.839
Immunity from civil process in certain civil cases 133.843
Written waiver of extradition proceedings 133.845
Nonwaiver by this state 133.847
Trial of extradited person for other crimes 133.853
Construction of Act 133.855
Short title 133.857
Payment of agent’s expenses 133.865
Arrest and Return Account 133.870
Release of booking photo by law enforcement agency 133.875
Removal of booking photo from publication or website 133.992
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 133.735’s source at oregon​.gov