Arrest and Related Procedures

ORS 133.736
Suppression of intercepted oral communication

  • procedure
  • 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 recordings of any oral communication intercepted in violation of ORS 133.726 (Interception of oral communication without order) or testimony or other evidence derived solely from the unlawful interception.

(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 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. [1983 c.824 §5; 2001 c.385 §3; 2003 c.14 §55]

Notes of Decisions

Motion to challenge admissibility of conversation intercepted under ORS 165.540 must be made in writing. State v. Rodriguez, 115 Or App 281, 840 P2d 711 (1992)


Source

Last accessed
Jun. 26, 2021