ORS 657A.410¹
When search warrant required
  • procedure

(1) In the event that any authorized representative of the Child Care Division, Department of Human Services or other agency is denied access to any premises for the purpose of making an inspection in the administration of ORS 181.537 (Authority of Department of Human Services and Employment Department to require fingerprints), 657A.030 (Criminal History Registry) and 657A.250 (Definitions for ORS 657A.030 and 657A.250 to 657A.450) to 657A.450 (Assistance to staff of facility), the representative shall not inspect the premises without a search warrant.

(2) Application for a search warrant to inspect the premises shall be made to any magistrate authorized to issue a warrant of arrest. The application must be supported by an affidavit filed with the magistrate showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, the statutes and rules which provide the basis for inspection, whether it is a routine or periodic inspection, an on-site review or an investigation instituted by complaint and other specific or general information concerning the premises.

(3) If the magistrate is satisfied that there is probable cause to believe that the grounds of the application exist, the magistrate shall issue the search warrant specifying the purpose and extent of the inspection, on-site review or investigation of the premises covered by the warrant. [Formerly 418.860; 1997 c.431 §15; 1997 c.753 §13; 1999 c.743 §16]

1 Legislative Counsel Committee, CHAPTER 657A—Child Care, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors657A.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
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. Currency Information