ORS 146.107
Authority to enter and secure certain premises

  • court order

(1)

A medical examiner, medical-legal death investigator or district attorney may enter any room, dwelling, building or other place in which the medical examiner, medical-legal death investigator or district attorney has reasonable cause to believe that a body or evidence of the circumstances of death requiring investigation may be found.

(2)

If refused entry, the medical examiner, medical-legal death investigator or district attorney may apply to any judge authorized to issue search warrants for an order to enter such premises, search for and seize a body or any evidence of the cause or manner of death.

(3)

Upon application supported by an affidavit setting forth facts and circumstances tending to show that a body or such evidence of death is in the place to be searched, the judge shall issue such order to enter and search and seize.

(4)

To preserve evidence, a medical examiner, medical-legal death investigator or district attorney may:

(a)

Place under the custody or control of the medical examiner, medical-legal death investigator or district attorney, or enclose or lock any room, dwelling, building or other enclosure for a period of not more than five days.

(b)

Rope off or otherwise restrict entry to any open area.

(c)

Forbid the entrance of any unauthorized person into the area specified under paragraphs (a) and (b) of this subsection.

(5)

No person shall enter upon the enclosures or areas specified in subsection (4) of this section without the permission of the medical examiner, medical-legal death investigator or district attorney. [1973 c.408 §15; 2017 c.151 §16]

Source: Section 146.107 — Authority to enter and secure certain premises; court order, https://www.­oregonlegislature.­gov/bills_laws/ors/ors146.­html.

See also annotations under ORS 146.450 in permanent edition.

Notes of Decisions

Warrantless entry of residence by medical examiner solely for purposes of examining body and investigating cause of death does not violate federal or state constitutional protection against unreasonable search. State v. Ferrara, 218 Or App 57, 178 P3d 250 (2008), Sup Ct review denied

146.003
Definitions for ORS 146.003 to 146.189 and 146.710 to 146.992 146.015
State Medical Examiner Advisory Board 146.025
Functions of board 146.035
Chief Medical Examiner 146.045
Duties of Chief Medical Examiner 146.055
Advice 146.065
Local medical examiners 146.075
District office duties 146.080
Assistant district medical examiner 146.085
Medical-legal death investigators 146.088
Officer or employee of public body 146.090
Deaths requiring investigation 146.095
Investigation 146.100
Where death considered to have occurred 146.103
Removal of body, effects or weapons prohibited without consent 146.107
Authority to enter and secure certain premises 146.109
Notification of next of kin 146.113
Authority to order removal of body fluids 146.117
Autopsies 146.121
Disposition of body 146.125
Disposition of personal property 146.135
Authority to order inquest 146.145
Jury of inquest 146.155
Inquest proceedings 146.165
Verdict 146.171
Unidentified human remains 146.174
Medical examiner to provide information about unidentified human remains 146.177
Procedures for investigating missing persons 146.181
Missing persons 146.184
Medical practitioners to provide information about missing persons 146.187
DNA sample 146.189
Use of records to identify human remains and missing persons 146.710
Definition for ORS 146.710 to 146.780 146.730
Investigation 146.740
Reports of medical examiner 146.750
Injuries to be reported to law enforcement agency 146.760
Immunity of participant in making of report 146.780
Confidentiality of records and reports 146.992
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 146.107’s source at oregon​.gov