2015 ORS 167.248¹
Search and seizure of conveyance in which drugs unlawfully transported or possessed

A district attorney or peace officer charged with the enforcement of ORS 167.212 (Tampering with drug records) and 167.222 (Frequenting a place where controlled substances are used), having personal knowledge or reasonable information that controlled substances are being unlawfully transported or possessed in any boat, vehicle or other conveyance, may search the same without warrant and without an affidavit being filed. If controlled substances are found in or upon such conveyance, the district attorney or peace officer may seize them, arrest any person in charge of the conveyance and as soon as possible take the arrested person and the seized controlled substances before any court in the county in which the seizure is made. The district attorney or peace officer shall also, without delay, make and file a complaint for any crime justified by the evidence obtained. [1989 c.791 §17; enacted in lieu of 167.247 in 1997]

Notes of Decisions

Under Former Similar Statute (Ors 167.247)

The decision of a court responsible for the trial of a crim­i­nal defendant to release a vehicle seized pursuant to this sec­tion to the defendant is not subject to collateral attack by the state. State v. A 1963 Corvette Auto., 10 Or App 630, 501 P2d 330 (1972)

A court responsible for the trial of a crim­i­nal defendant has concurrent jurisdic­tion over a vehicle seized pursuant to this sec­tion to decide the forfeiture ques­tion. State v. A 1963 Corvette Auto., 10 Or App 630, 501 P2d 330 (1972)

A vehicle may be forfeited under this sec­tion if the owner had knowledge that it was transporting contraband; the owner need not be convicted of pos­ses­sion of the contraband. Blackshear v. State, 17 Or App 364, 521 P2d 1320 (1974)

The state is not re­quired to move for forfeiture in the crim­i­nal pro­ceed­ing but rather may choose to proceed on a separate civil ac­tion. State ex rel Haas v. Ore. 1965 Ford Auto., Ore. License No. HBH029, 19 Or App 879, 529 P2d 410 (1974), Sup Ct review denied

Where vehicle was seized pursuant to this sec­tion forfeiture took effect immediately, and thus at­tempted sub­se­quent transfer of lien interest in the vehicle could not prevail. State v. Crampton, 30 Or App 779, 568 P2d 680 (1977) Sup Ct review denied

Where state produced no evidence to support finding that automobile confiscated in connec­tion with search of defendant's home, where illegal drugs were discovered, was used for unlawful transporta­tion of narcotics, state had no right to automobile. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978), Sup Ct review denied

Police letter to defendant's home, which was mailed on same day as state's ex parte mo­tion to confiscate automobile was granted, and which did not inform defendant of time or place of hearing to be held on confisca­tion of his automobile, was insufficient as notice. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978), Sup Ct review denied

Defendant, arrested with cocaine in motor vehicle, was entitled to jury trial on issues of unlawful transporta­tion or conceal­ment of controlled substances and such use of vehicle by or with knowledge as vehicle owner. State v. Curran, 291 Or 119, 628 P2d 1198 (1981)

Law Review Cita­tions

Under Former Similar Statute (Ors 167.247)

25 WLR 456 (1989); 69 OLR 170 (1990)

Chapter 167

Atty. Gen. Opinions

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 167—Offenses Against General Welfare and Animals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors167.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano167.­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.