(1) Before acting on the application, the judge may examine on oath the affiants, and the applicant and any witnesses the applicant may produce, and may call such witnesses as the judge considers necessary to a decision. The judge shall make and keep a record of any testimony taken before the judge. The record shall be admissible as evidence on any motion to suppress.
(2) If the judge finds that the application meets the requirements of ORS 133.545 (Issuance of search warrant) and that, on the basis of the record made before the judge, there is probable cause to believe that the search will discover things specified in the application and subject to seizure under ORS 133.535 (Permissible objects of search and seizure), the judge shall issue a search warrant based on the finding of the judge and in accordance with the requirements of ORS 133.545 (Issuance of search warrant) to 133.615 (Return of the warrant). If the judge does not so find, the judge shall deny the application.
(3) The judge may orally authorize a police officer, a district attorney or a special agent employed under ORS 131.805 (Authority to employ special agents) to sign the judge’s name on a duplicate original warrant. A duplicate original warrant shall be a search warrant for the purposes of ORS 133.535 (Permissible objects of search and seizure) to 133.615 (Return of the warrant), and it shall be returned to the judge as provided in ORS 133.615 (Return of the warrant). In such cases a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law.
(4) Until the warrant is executed, the proceedings upon application for a search warrant shall be conducted with secrecy appropriate to the circumstances. [1973 c.836 §84; 2009 c.334 §2]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.