Execution of warrant authorizing mobile tracking device
(1) A warrant authorizing the installation or tracking of a mobile tracking device shall be executed as provided in this section.
(2) The officer need not inform any person of the existence or content of the warrant prior to its execution.
(3) Except as provided in subsection (4) of this section, the officer need not deliver or leave a receipt for things seized or observations made under authority of the warrant.
(4) Within five days of the execution of the warrant, or, in the case of an ongoing investigation, within such additional time as the issuing judge may allow upon application, the officer shall mail a receipt for things seized or observations made under authority of the warrant to the following:
(a) If the mobile tracking device has been affixed to a vehicle, to the registered owner; and
(b) To such other persons as the court may direct in the warrant.
(5) The receipt provided for in subsection (4) of this section shall include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device.
(6) A warrant authorizing the installation or tracking of a mobile tracking device shall only be issued based upon the submission of an affidavit or oral statement as set forth in ORS 133.545 (Issuance and execution of search warrant), which affidavit or statement demonstrates that probable cause exists to believe that an individual is committing or is about to commit a particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life and punishable as a felony, any crime punishable as a felony arising under ORS 475.840 (Prohibited acts generally) or 475.846 (Unlawful manufacture of heroin) to 475.894 (Unlawful possession of methamphetamine), bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony, or any conspiracy to commit any of the crimes listed in this subsection. [1989 c.983 §2; 1991 c.625 §1; 1993 c.171 §1; 1999 c.56 §2; 2005 c.708 §44]
Note: See note under 133.617 ("Mobile tracking device" defined).
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