2015 ORS 133.653¹
Postponement of return or restoration
  • appellate review
  • contents of order

(1) In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use.

(2) An order granting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denying such a motion or entered under ORS 133.663 (Disputed possession rights) shall be reviewable on appeal upon certification by the court having custody of the things in question that they are no longer needed for evidentiary purposes.

(3)(a) An order granting a motion for return of raw data obtained from the forensic imaging of a portable electronic device or of a computer shall include a provision that a law enforcement agency may not retain a copy of the raw data to be returned.

(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 §112; 2015 c.613 §3]

Notes of Decisions

Certifica­tion by court having custody means formal notice and may not be inferred from court's appoint­ment of counsel to ap­peal denial of mo­tion. State v. Shaw, 27 Or App 511, 556 P2d 717 (1976)

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.