ORS 133.673
Motions to suppress evidence


(1)

Objections to use in evidence of things seized in violation of any of the provisions of ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants) shall be made by a motion to suppress which shall be heard and determined by any department of the trial court in advance of trial.

(2)

A motion to suppress which has been denied may be renewed, in the discretion of the court, on the ground of newly discovered evidence, or as the interests of justice require. [1973 c.836 §114; 1975 c.197 §1]

Source: Section 133.673 — Motions to suppress evidence, https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html.

See also annotations under ORS 141.150 in permanent edition.

Notes of Decisions

Under former similar statute (ORS 141.150)

The burden of showing falsity as to any material fact in the affidavit is on the defendant. State v. Wright, 11 Or App 560, 503 P2d 514 (1972), aff’d 266 Or 163, 511 P2d 1223 (1973)

Defendant was required to state by affidavit those facts actually known to him which formed a substantial basis for controverting the affidavit for a search warrant before being privileged to invoke the procedure provided by the statute. State v. Wright, 266 Or 163, 511 P2d 1223 (1973)

A motion to suppress evidence seized during a warrantless search, stating that the search was warrantless, is sufficient to place the burden of proving the reasonableness of the search on the state. State v. Miller, 269 Or 328, 524 P2d 1399 (1974)

In general

This section does not change the rule that failure to furnish the list of things seized required by ORS 133.723 is not ground for suppression of evidence. State v. Fitzgerald, 19 Or App 860, 530 P2d 553 (1974)

In a case where a motion to suppress raises more than one contention and the trial court is persuaded to grant the motion on one or more of the grounds raised, then the court must state the basis of its decision. State v. Johnson/Imel, 16 Or App 560, 519 P2d 1053 (1974), Sup Ct review denied

A motion to suppress should be as reasonably specific as possible under the circumstances in order to give the state as much notice as possible of the contentions it must be prepared to meet at the suppression hearing, and at least as much specificity should be required in a motion to suppress as is required in an oral objection made during the course of a trial. State v. Johnson/Imel, 16 Or App 560, 519 P2d 1053 (1974), Sup Ct review denied

Trial court was within its discretion in limiting defendant to written motion to suppress without oral argument. State v. Gholston, 55 Or App 790, 639 P2d 1302 (1982), Sup Ct review denied

Where defendants were represented by same lawyer who filed motion to suppress, which was denied, and defendants then hired separate lawyers who also filed motion to suppress, trial court did not abuse discretion by refusing to rehear motion. State v. Farkes, 71 Or App 155, 691 P2d 489 (1984), Sup Ct review denied

Pretrial motions to suppress evidence seized unlawfully are not answered initially by reference to federal or state constitution, but are regulated by statute. State v. Harp, 299 Or 1, 697 P2d 548 (1985)

Court did not have authority to refuse to consider merits of defendant’s motion to suppress based upon her earlier failure to appear for hearing on motion. State v. Desirey, 99 Or App 283, 782 P2d 429 (1989)

Where pretrial ruling is made on motion to suppress, failure to pursue discretionary relitigation of issue at trial does not render claim of error on pretrial ruling unpreserved. State v. Cole, 323 Or 30, 912 P2d 907 (1996)

Law Review Citations

Under former similar statute (ORS 141.150)

7 WLJ 450-468 (1971)

In general

54 OLR 411 (1975)

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
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