Oregon Statutes 131A.065 – Seizure without court order
(1) Property may be seized for forfeiture by a police officer without a court order if:
Terms Used In Oregon Statutes 131A.065
- Arrest: Taking physical custody of a person by lawful authority.
- 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
(a) There is probable cause to believe that property is subject to forfeiture, and the property may constitutionally be seized without a warrant;
(b) The seizure is in the course of a constitutionally valid criminal investigative stop, arrest or search, and there is probable cause to believe that the property is subject to forfeiture;
(c) The property is directly or indirectly dangerous to the health or safety of any person; or
(d) An owner consents to the seizure.
(2) If a police officer finds cash, weapons or negotiable instruments in close proximity to controlled substances or to instrumentalities of prohibited conduct, the officer has probable cause to believe that the property is subject to forfeiture. [2009 c.78 § 10]