2007 ORS 475A.025¹
Property seized as result of consensual search of motor vehicle
  • written notice of right to refuse search required

(1) Notwithstanding any other provisions of this chapter, property that is seized solely on the basis of a consensual search of a motor vehicle is not subject to civil in rem forfeiture unless, before obtaining the consent of a person for the search, the person is provided with written, multilingual notice of the right of the person to refuse to consent to the search. The notice shall include at least the following information:

(a) Notice that the person has a right to refuse to consent to a search.

(b) Notice that a refusal to consent to a search cannot be used against the person for any purpose.

(c) Notice that anything found in the search can be seized as evidence of a crime or can be seized for civil forfeiture.

(2) A notice or consent form under this section shall be considered multilingual if the notice or form provides information in at least English and Spanish. [1993 c.699 §20]

Chapter 475A

Notes of Decisions

Civil forfeiture pro­ceed­ing under this chapter is not sufficiently crim­i­nal in nature to bar on state or federal double jeopardy grounds later pros­e­cu­­tion for prohibited con­duct that justified forfeiture. State v. Selness/Miller, 334 Or 515, 54 P3d 1025 (2002)

1 Legislative Counsel Committee, CHAPTER 475A—Civil Forfeiture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475a.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 475A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475aano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.