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]
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.