2011 ORS § 657A.410¹
When search warrant required
  • procedure

(1) In the event that any authorized representative of the Child Care Division, Oregon Health Authority or other agency is denied access to any premises for the purpose of making an inspection in the administration of ORS 181.537 (Authority of Department of Human Services, Oregon Health Authority and Employment Department to require fingerprints), 657A.030 (Central Background Registry) and 657A.250 (Definitions for ORS 657A.030 and 657A.250 to 657A.450) to 657A.450 (Assistance to staff of facility), the representative shall not inspect the premises without a search warrant.

(2) Application for a search warrant to inspect the premises shall be made to any magistrate authorized to issue a warrant of arrest. The application must be supported by an affidavit filed with the magistrate showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, the statutes and rules which provide the basis for inspection, whether it is a routine or periodic inspection, an on-site review or an investigation instituted by complaint and other specific or general information concerning the premises.

(3) If the magistrate is satisfied that there is probable cause to believe that the grounds of the application exist, the magistrate shall issue the search warrant specifying the purpose and extent of the inspection, on-site review or investigation of the premises covered by the warrant. [Formerly 418.860; 1997 c.431 §15; 1997 c.753 §13; 1999 c.743 §16; 2009 c.595 §1047]