2015 ORS 471.660¹
Seizure of conveyance transporting liquor and liquor therein
  • notice to owner
  • return of conveyance
  • costs

(1) When any peace officer discovers any person in the act of transporting alcoholic liquors in violation of law, in or upon any vehicle, boat or aircraft, or conveyance of any kind, the officer may seize any alcoholic liquor found therein, take possession of the vehicle or conveyance and arrest any person in charge thereof.

(2) The officer shall at once proceed against the person arrested, under the Liquor Control Act, in any court having competent jurisdiction, and shall deliver the vehicle or conveyance to the sheriff of the county in which such seizure was made.

(3) If the person arrested is the owner of the vehicle or conveyance seized, it shall be returned to the owner upon execution by the owner of a good and valid bond, with sufficient sureties in a sum double the value of the property, approved by the court and conditioned to return the property to the custody of the sheriff at a time to be specified by the court.

(4) If the person arrested is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner. If the sheriff is able to determine the name and address of the owner, the sheriff shall immediately notify the owner by registered or certified mail of the seizure and of the owner’s rights and duties under this section and ORS 471.666 (Disposal of seized liquor and of vehicle or other conveyance).

(5) A person notified under subsection (4) of this section, or any other person asserting a claim to rightful possession of the vehicle or conveyance seized, except the defendant, may move the court having ultimate trial jurisdiction over any crime charged in connection with the seizure to return the vehicle or conveyance to the movant.

(6) The movant shall serve a copy of the motion upon the district attorney of the county in which the vehicle or conveyance is in custody. The court shall order the vehicle or conveyance returned to the movant, unless the court is satisfied by clear and convincing evidence that the movant knowingly consented to the unlawful use that resulted in the seizure. If the court does not order the return of the vehicle or conveyance, the movant shall obtain the return only as provided in subsection (3) of this section.

(7) If the court orders the return of the vehicle or conveyance to the movant, the movant shall not be liable for any towing or storage costs incurred as a result of the seizure.

(8) If the court does not order the return of the vehicle or conveyance under subsection (6) of this section, and the arrested person is convicted for any offense in connection with the seizure, the vehicle or conveyance shall be subject to forfeiture as provided in ORS 471.666 (Disposal of seized liquor and of vehicle or other conveyance). [Amended by 1973 c.836 §351; 1981 c.601 §2]

Notes of Decisions

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

Where automobile was confiscated in connec­tion with search of defendant's home where illegal drugs were discovered, police mailed letter to defendant's home on same day that state's ex parte mo­tion to confiscate automobile was granted, and letter did not inform defendant of a time or place for hearing to be held, letter was insufficient as notice. State v. Glascock, 33 Or App 217, 576 P2d 377 (1978) Sup Ct review denied

Where state produced no evidence to support finding that confiscated automobile 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

Seven-week delay in giving notice of seizure of vehicle was not timely compliance with notice require­ments of this sec­tion. State v. Franklin, 47 Or App 661, 614 P2d 1229 (1980)

Conflicting evidence concerning notifica­tion of vehicle seizure by means other than re­quired by this sec­tion was insufficient basis for concluding notice was given. State v. Franklin, 47 Or App 661, 614 P2d 1229 (1980)

Atty. Gen. Opinions

Inspec­tion and investiga­tion authority of Oregon Liquor Control Commission, (1974) Vol 36, p 1066

Chapter 471

Atty. Gen. Opinions

Employ­ment by OLCC of staff member as "hearings advocate" at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Cita­tions

16 WLR 479 (1979)


1 Legislative Counsel Committee, CHAPTER 471—Alcoholic Liquors Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors471.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 471, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano471.­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.