2015 ORS 133.633¹
Motion for return or restoration of things seized

(1) Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow:

(a) An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premises from which they were seized.

(b) Any other person asserting a claim to rightful possession of the things seized may move the appropriate court to restore the things seized to the movant.

(2) The appropriate court to consider such motion is:

(a) The court having ultimate trial jurisdiction over any crime charged in connection with the seizure;

(b) If no crime is charged in connection with the seizure, the court to which the warrant was returned; or

(c) If the seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made.

(3) The movant shall serve a copy of the motion upon the district attorney or the city attorney, whichever is appropriate, of the jurisdiction in which the property is in custody.

(4) No filing, appearance or hearing fees may be charged for filing or hearing a motion under this section.

(5)(a) The things seized that are the subject of a motion for return under this section may include raw data obtained from the forensic imaging of a portable electronic device or of a computer.

(b) As used in this subsection, forensic imaging, portable electronic device and raw data have the meanings given those terms in ORS 133.539 (Obtaining information from portable electronic devices). [1973 c.836 §110; 1999 c.37 §1; 2005 c.22 §102; 2015 c.613 §2]

Notes of Decisions

Absent evidence that automobile was used for unlawful transporta­tion of narcotics, state had no right to confiscate automobile seized in connec­tion with search of defendants home. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978), Sup Ct review denied

Mo­tion to return things seized should not be denied for untime­liness under this sec­tion unless state makes some showing of prejudice. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978), Sup Ct review denied

Under this sec­tion, per­sons are entitled only to restora­tion of pos­ses­sion of things seized and state is not re­quired to repair or pay damages for physical injury to things during seizure. Emery v. State of Oregon, 297 Or 755, 688 P2d 72 (1984)

Law Review Cita­tions

65 OLR 199, 205 (1986)

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), affd 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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 133, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano133.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.