Arrest and Related Procedures

ORS 133.735
Suppression of intercepted communications

  • procedure
  • grounds
  • appeal


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:


The communication was unlawfully intercepted;


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


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


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.


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]

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)


Last accessed
Jun. 26, 2021