2015 ORS 133.643¹
Ground for motion for return or restoration of things seized

A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because:

(1) The things had been stolen or otherwise converted, and the movant is the owner or rightful possessor;

(2) The things seized were not in fact subject to seizure under ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Record keeping and reporting requirements) or 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants);

(3) The movant, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure under ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants);

(4) Although the things seized were subject to seizure under ORS 133.525 (Definitions for ORS 133.525 to 133.703) to 133.703 (Identity of informants), the movant is or will be entitled to their return or restoration upon the court’s determination that they are no longer needed for evidentiary purposes; or

(5) The parties in the case have stipulated that the things seized may be returned to the movant. [1973 c.836 §111; 2001 c.104 §44; 2001 c.666 §§22,23; 2005 c.830 §20]

Notes of Decisions

Where defendant, indicted for gambling of­fenses, stipulated as to quantity of cards seized as evidence and cards were not needed for evidentiary purposes, it was proper to return por­tion of evidence to defendant. State v. Terry, 37 Or App 333, 587 P2d 1033 (1978)

Person is "entitled" to return or restora­tion of item seized if per­son can lawfully possess item. Filipetti v. Dept. of Fish and Wildlife, 224 Or App 122, 197 P3d 535 (2008)

To compel return or restora­tion of seized prop­erty, per­son must es­tab­lish both entitle­ment to prop­erty and that item is no longer needed for evidentiary purposes. Filipetti v. Dept. of Fish and Wildlife, 224 Or App 122, 197 P3d 535 (2008)

Person is not "entitled" to return or restora­tion of item seized by of­fi­cer of law if per­son cannot lawfully possess item under either state or federal law. State v. Ehrensing, 255 Or App 402, 296 P3d 1279 (2013)

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 (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.