Oregon Statutes 133.633 – Motion for return or restoration of things seized
(1) Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow:
Terms Used In Oregon Statutes 133.633
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premises from which they were seized.
(b) Any other person asserting a claim to rightful possession of the things seized may move the appropriate court to restore the things seized to the movant.
(2) The appropriate court to consider such motion is:
(a) The court having ultimate trial jurisdiction over any crime charged in connection with the seizure;
(b) If no crime is charged in connection with the seizure, the court to which the warrant was returned; or
(c) If the seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made.
(3) The movant shall serve a copy of the motion upon the district attorney or the city attorney, whichever is appropriate, of the jurisdiction in which the property is in custody.
(4) No filing, appearance or hearing fees may be charged for filing or hearing a motion under this section.
(5)(a) The things seized that are the subject of a motion for return under this section may include raw data obtained from the forensic imaging of a portable electronic device or of a computer.
(b) As used in this subsection, ‘forensic imaging,’ ‘portable electronic device’ and ‘raw data’ have the meanings given those terms in ORS § 133.539. [1973 c.836 § 110; 1999 c.37 § 1; 2005 c.22 § 102; 2015 c.613 § 2]
[1961 c.696 § 3; 1967 c.628 § 2; renumbered 135.080]
[Repealed by 1965 c.508 § 8]