Seizure of conveyance transporting liquor and liquor therein
- notice to owner
- return of conveyance
- costs
Source:
Section 471.660 — Seizure of conveyance transporting liquor and liquor therein; notice to owner; return of conveyance; costs, https://www.oregonlegislature.gov/bills_laws/ors/ors471.html.
Notes of Decisions
The state is not required to move for forfeiture in the criminal proceeding but rather may choose to proceed in a separate civil action. State ex rel Haas v. One 1965 Ford Auto., Ore. License No. HBH029, 19 Or App 879, 529 P2d 410 (1974), Sup Ct review denied
Where automobile was confiscated in connection with search of defendant’s home where illegal drugs were discovered, police mailed letter to defendant’s home on same day that state’s ex parte motion to confiscate automobile was granted, and letter did not inform defendant of a time or place for hearing to be held, letter was insufficient as notice. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978) Sup Ct review denied
Where state produced no evidence to support finding that confiscated automobile was used for unlawful transportation of narcotics, state had no right to automobile. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978) Sup Ct review denied
Seven-week delay in giving notice of seizure of vehicle was not timely compliance with notice requirements of this section. State v. Franklin, 47 Or App 661, 614 P2d 1229 (1980)
Conflicting evidence concerning notification of vehicle seizure by means other than required by this section was insufficient basis for concluding notice was given. State v. Franklin, 47 Or App 661, 614 P2d 1229 (1980)
Attorney General Opinions
Inspection and investigation authority of Oregon Liquor Control Commission, (1974) Vol 36, p 1066
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