Oregon Statutes 131A.060 – Seizure with court order
(1) Property may be seized by any police officer pursuant to an order of the court. Forfeiture counsel or a seizing agency may apply for an ex parte order directing seizure of specified property.
Terms Used In Oregon Statutes 131A.060
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Financial institution: means any person lawfully conducting business as:
(a) A financial institution or trust company, as those terms are defined in ORS § 706. See Oregon Statutes 131A.005
- Forfeiture counsel: means an attorney designated by a forfeiting agency to represent the forfeiting agency in forfeiture proceedings. See Oregon Statutes 131A.005
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Police officer: has the meaning given that term in ORS § 133. See Oregon Statutes 131A.005
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Property: means any interest in anything of value, including the whole of any lot or tract of land and tangible and intangible personal property, including currency, instruments or securities or any other kind of privilege, interest, claim or right whether due or to become due. See Oregon Statutes 131A.005
- Seizing agency: means a law enforcement agency that has seized property for forfeiture. See Oregon Statutes 131A.005
(2) An application for an order directing seizure under subsection (1) of this section may be made to any judge as defined in ORS § 133.525. The application shall be supported by one or more affidavits setting forth facts and circumstances that support a finding that probable cause exists to believe that the described property is subject to forfeiture. The court shall issue the order upon a finding of probable cause to believe that the described property is subject to forfeiture. The order may be made as part of a search warrant.
(3) An order issued under this section may specify the manner in which intangible property may be seized for forfeiture.
(4) Except as provided in ORS § 131A.080 (3), an order under this section shall direct any person having control or custody of the property, including money and other assets held in the form of an account in a financial institution, to deliver the property to the police officer. [2009 c.78 § 9]