ORS 133.724
Order for interception of communications

  • application
  • grounds for issuance
  • contents of order
  • progress reports

(1)

An ex parte order for the interception of wire, electronic or oral communications may be issued by any circuit court judge upon written application made upon oath or affirmation of the individual who is the district attorney or a deputy district attorney authorized by the district attorney for the county in which the order is sought. The application shall include:

(a)

The name of the district attorney or the deputy district attorney making the application and the authority of the district attorney or the deputy district attorney to make the application;

(b)

The identity of the investigative or law enforcement officer making the application and the officer authorizing the application;

(c)

A statement demonstrating that there is probable cause to believe that an individual is committing, has committed or is about to commit:

(A)

A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony;

(B)

A crime punishable as a felony under ORS 163.266 (Trafficking in persons) (1)(b) or (c), 163.413 (Purchasing sex with a minor), 166.720 (Racketeering activity unlawful), 167.012 (Promoting prostitution), 167.017 (Compelling prostitution), 475.752 (Prohibited acts generally), 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) or 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) to 475.910 (Application of controlled substance to the body of another person) or as a misdemeanor under ORS 167.007 (Prostitution) or 167.008 (Commercial sexual solicitation); or

(C)

Any conspiracy to commit any of the foregoing crimes;

(d)

A statement of the details, if known, of the particular crime alleged under paragraph (c) of this subsection;

(e)

A particular description of the nature and location of the facilities from which or the place where the wire, electronic or oral communication is to be intercepted, if known;

(f)

A particular description of the type of wire, electronic or oral communication sought to be intercepted;

(g)

The identity of the person, if known, suspected of committing the crime and whose wire, electronic or oral communications are to be intercepted;

(h)

A full and complete statement as to whether or not other investigative procedures have been tried and failed or why other investigative procedures reasonably appear to be unlikely to succeed if tried or are likely to be too dangerous;

(i)

A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization for interception should not automatically terminate when the described type of wire, electronic or oral communication has been first obtained, a description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

(j)

A statement as to whether any prior application has been made to intercept wire, electronic or oral communications from the same person and, if such prior application exists, a statement of the current status of that application; and

(k)

Where the application is for the extension of an existing order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

(2)

The judge may require the applicant to furnish further testimony or documentary evidence in support of the application.

(3)

Upon examination of such application and evidence the judge may enter an ex parte order, as requested or as modified, authorizing or approving interception of wire, electronic or oral communications within the state if the judge determines on the basis of the facts submitted by the applicant that:

(a)

There is probable cause for belief that an individual is committing, has committed or is about to commit a particular crime described in subsection (1)(c) of this section;

(b)

There is probable cause for belief that particular communications concerning that crime will be obtained through such interception;

(c)

Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or are likely to be too dangerous; and

(d)

There is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communications to be intercepted are being used, or are about to be used, in connection with the planning or the commission of that crime are open to the public or are owned by, leased to, listed in the name of, or commonly used by the individual suspected.

(4)

Each order authorizing or approving the interception of any wire, electronic or oral communication shall specify:

(a)

The identity of the person, if known, whose communications are to be intercepted;

(b)

The nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;

(c)

A particular description of the type of communication sought to be intercepted, and a statement of the particular crime to which it relates;

(d)

The identity of the agency authorized to intercept the communications and of the person authorizing the application;

(e)

The period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained; and

(f)

The name of the applicant, date of issuance, and the signature and title of the issuing judge.

(5)

An order entered pursuant to this section may not authorize or approve the interception of any wire, electronic or oral communication for any period longer than is necessary to achieve the objective of authorization and in no event for longer than 30 days. Extensions of any order may be granted, but only when application for an extension is made in accordance with subsection (1)(k) of this section and the court makes the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing judge deems necessary to achieve the purpose for which it is granted and in no event for longer than 30 days. Every order and extension of that order shall contain a provision that the authorization to intercept must be executed as soon as practicable, must be conducted in such a way as to minimize the interception of communications not otherwise subject to interception, and must terminate upon attainment of the authorized objective, or in any event in 30 days.

(6)

Whenever an order authorizing interception is entered pursuant to this section, the order may require reports to be made to the judge who issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. Such reports shall be made at such intervals as the judge may require. [1979 c.716 §4 (enacted in lieu of 133.725); 1989 c.639 §1; 1989 c.983 §7a; 1995 c.224 §1; 2001 c.385 §6; 2005 c.708 §45; 2007 c.442 §1; 2011 c.151 §8; 2013 c.720 §6]

Source: Section 133.724 — Order for interception of communications; application; grounds for issuance; contents of order; progress reports, https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html.

See also annotations under ORS 141.720 in permanent edition.

Notes of Decisions

Oregon courts must require strict compliance with all statutory requirements leading to issuance of wiretap order. State v. Pottle, 296 Or 274, 677 P2d 1 (1984)

Wiretap was justified by inadequacy of normal investigatory procedures where witnesses to defendant’s confession were vulnerable to impeachment and defendant’s statements were inconsistent. State v. Oslund, 71 Or App 701, 693 P2d 1354 (1984), Sup Ct review denied

Legislature did not intend this section to prohibit police from recording telephone conversation when one participant has consented to recording. State v. Lissy, 85 Or App 484, 737 P2d 617 (1987), aff’d 304 Or 455, 747 P2d 345 (1987)

Wiretap application failed to set forth facts sufficient to show that normal available investigative techniques were tried in good faith and failed before wiretap order was issued. State v. Stockfleth/Lassen, 311 Or 40, 804 P2d 471 (1991)

Where first order for wiretap was found to be invalid under this section, and application for second order relied upon results of first wiretap, conversations seized under the second order were suppressed as evidence derived from illegal first order. State v. Stockfleth/Lassen, 311 Or 40, 804 P2d 471 (1991)

ORS 165.540 provision allowing police to obtain certain conversations upon existence of probable cause or exigent circumstances does not make conversations obtained without court order admissible. State v. Fleetwood, 331 Or 511, 16 P3d 503 (2000)

133.005
Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450
133.007
Sufficiency of information or complaint
133.015
Contents of information or complaint
133.020
Magistrate defined
133.030
Who are magistrates
133.033
Peace officer
133.035
Ex parte emergency protective orders
133.055
Criminal citation
133.060
Cited person to appear before magistrate
133.065
Service of criminal citation
133.066
Criminal citations generally
133.068
Contents of criminal citation issued without complaint
133.069
Contents of criminal citation issued with complaint
133.070
Criminal citation where arrest without warrant is authorized for ordinance violation
133.073
Electronic filing of criminal citation
133.076
Failure to appear on criminal citation
133.110
Issuance
133.120
Authority to issue warrant
133.140
Content and form of warrant
133.220
Who may make arrest
133.225
Arrest by private person
133.235
Arrest by peace officer
133.239
Arrest by parole and probation officer
133.245
Arrest by federal officer
133.310
Authority of peace officer to arrest without warrant
133.315
Liability of peace officer making arrest
133.318
Providing false foreign restraining order
133.340
Authority to order arrest for crime committed in presence of magistrate
133.360
Arrests on warrant or order transmitted by telegraph
133.375
Definitions for ORS 133.375 to 133.381
133.377
Arrest of persons for cruelty to animals
133.379
Duty of peace officer to arrest and prosecute violators of cruelty to animals laws
133.381
Procedure in arrests for violation of certain restraining orders
133.400
Recording of custodial interviews of adults
133.402
Recording of custodial interviews of juveniles
133.403
Voluntariness of statement by juvenile during custodial interview
133.405
Definitions for ORS 133.405 to 133.408
133.407
Immunities and liabilities
133.408
Application of ORS 133.405 and 133.407
133.410
Short title
133.420
Definitions for ORS 133.410 to 133.440
133.430
Authority to make arrest in fresh pursuit
133.440
Proceedings following arrest in fresh pursuit
133.450
Return of arrest warrant
133.455
Receipts for property taken from person in custody
133.460
Forfeiture of conveyances used unlawfully to conceal or transport stolen property
133.465
Seizure of stolen animals or other property being transported
133.470
Sale of seized property
133.475
Notice to owner
133.485
Perishable property
133.495
Retention of property to answer order of court
133.515
Interpreter to be made available to person with a disability
133.518
Duty of peace officer to request emergency medical services
133.525
Definitions for ORS 133.525 to 133.703
133.535
Permissible objects of search and seizure
133.537
Protection of things seized
133.539
Obtaining information from portable electronic devices
133.545
Issuance of search warrant
133.555
Hearing
133.565
Contents of search warrant
133.575
Execution of warrant
133.595
List of things seized
133.605
Use of force in executing warrants
133.615
Return of the warrant
133.617
“Mobile tracking device” defined
133.619
Execution of warrant authorizing mobile tracking device
133.621
Medical procedures
133.623
Handling and disposition of things seized
133.633
Motion for return or restoration of things seized
133.643
Ground for motion for return or restoration of things seized
133.653
Postponement of return or restoration
133.663
Disputed possession rights
133.673
Motions to suppress evidence
133.693
Challenge to truth of evidence
133.703
Identity of informants
133.705
Definitions for ORS 133.705 to 133.717
133.707
Custodian’s obligation to preserve biological evidence
133.709
Notice of intent to dispose
133.713
Inventory
133.715
Order
133.717
Provision of notice or order to defendant
133.721
Definitions for ORS 41.910 and 133.721 to 133.739
133.723
Records confidential
133.724
Order for interception of communications
133.726
Interception of oral communication without order
133.727
Proceeding under expired order prohibited
133.729
Recording intercepted communications
133.731
Inventory
133.733
Procedure for introduction as evidence
133.735
Suppression of intercepted communications
133.736
Suppression of intercepted oral communication
133.737
Disclosure and use of intercepted communications
133.739
Civil damages for willful interception, disclosure or use of communications
133.741
Law enforcement agency policies and procedures regarding video and audio recordings
133.743
Definitions for ORS 133.743 to 133.857
133.745
Determination of security requirements to carry out extradition
133.747
Fugitives from other states
133.753
Form of demand
133.757
Investigation of demand and report
133.763
Facts documents must show
133.767
Extradition of person not present in demanding state at time of commission of crime
133.773
Governor’s warrant of arrest
133.777
Execution of the warrant
133.783
Authority of arresting officer to command assistance
133.787
Rights of arrested person
133.793
Penalty for disobedience to ORS 133.787
133.797
Confinement of prisoner
133.803
Arrest prior to requisition
133.805
Arrest without warrant
133.807
Commitment to await arrest on requisition
133.809
Release
133.813
Proceedings in absence of arrest under executive warrant within specified time
133.815
Forfeiture
133.817
Persons under criminal prosecution in this state at time of requisition
133.823
When guilt of accused may be inquired into
133.825
Governor may recall warrant
133.827
Warrant to agent to return fugitive from this state
133.833
Application for requisition
133.835
Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
133.837
Appointment of agent to return fugitive from this state who waives extradition
133.839
Immunity from civil process in certain civil cases
133.843
Written waiver of extradition proceedings
133.845
Nonwaiver by this state
133.847
Trial of extradited person for other crimes
133.853
Construction of Act
133.855
Short title
133.857
Payment of agent’s expenses
133.865
Arrest and Return Account
133.870
Release of booking photo by law enforcement agency
133.875
Removal of booking photo from publication or website
133.992
Penalties
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