Arrest and Related Procedures

ORS 133.737
Disclosure and use of intercepted communications

(1)

Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications), has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724 (Order for interception of communications), or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure or to the extent that such disclosure is otherwise authorized by law.

(2)

Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications), has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724 (Order for interception of communications), or evidence derived therefrom, may use such contents to the extent such use is appropriate to the proper performance of official duties.

(3)

Any person who has received by any means authorized by ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications), any information concerning a wire, electronic or oral communication under ORS 133.724 (Order for interception of communications), or evidence derived therefrom, intercepted in accordance with the provisions of ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications), may disclose the contents of that communication or such derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of the state or political subdivision thereof.

(4)

No otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739) to 133.739 (Civil damages for willful interception, disclosure or use of communications), shall lose its privileged character.

(5)

When an investigative or law enforcement officer, while engaged in intercepting wire, electronic or oral communications in any manner authorized by ORS 133.724 (Order for interception of communications), intercepts wire, electronic or oral communications relating to crimes other than those specified in the order of authorization or approval, the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and any evidence derived therefrom may be used under subsection (3) of this section when authorized or approved by a judge of the circuit court if the judge finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of ORS 133.724 (Order for interception of communications). Such application shall be made as soon as practicable. [1979 c.716 §6; 1989 c.983 §12; 2003 c.14 §56]
Source

Last accessed
Jun. 26, 2021

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