ORS 133.623¹
Handling and disposition of things seized

(1) The provisions of subsections (2), (3) and (4) of this section apply to all cases of seizure, except for a seizure made under a search warrant.

(2) If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy of the list to the defendant.

(3) If no claim to rightful possession has been established under ORS 133.633 (Motion for return or restoration of things seized) to 133.663 (Disputed possession rights), the things seized may be disposed of in accordance with ORS 98.245 (Disposition of unclaimed property) or the court may order that the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. If the responsible officials are state officials and the property is forfeited, the clear proceeds shall be deposited with the State Treasury in the Common School Fund.

(4) If things seized in connection with an arrest are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seized are perishable and it is not possible to return them to their rightful possessor, the seizing officer may dispose of the items as justice and the necessities of the case require. [1973 c.836 §109; 1987 c.858 §1; 1997 c.480 §3]

Notes of Decisions

Failure to furnish a list of things seized following a warrantless search is not grounds for automatic suppression. State v. Fitzgerald, 19 Or App 860, 530 P2d 553 (1974)

See also annota­tions under ORS 141.160 and 141.180 in permanent edi­tion.

Law Review Cita­tions

7 WLJ 450-468 (1971); 65 OLR 199, 200 (1986)

Notes of Decisions

Infrac­tions are “crim­i­nal” and search warrant may issue for their investiga­tion. State v. Weist, 79 Or App 435, 720 P2d 753 (1986), aff’d 302 Or 379, 730 P2d 25 (1986)

Law Review Cita­tions

52 OLR 139-154 (1973)

1 Legislative Counsel Committee, CHAPTER 133—Arrest and Related Procedures; Search and Seizure; Extradition, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors133.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 133, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano133.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information