A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because:

(1) The things had been stolen or otherwise converted, and the movant is the owner or rightful possessor;

(2) The things seized were not in fact subject to seizure under ORS § 131.550 to 131.600 or 133.525 to 133.703;

(3) The movant, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure under ORS § 133.525 to 133.703;

(4) Although the things seized were subject to seizure under ORS § 133.525 to 133.703, the movant is or will be entitled to their return or restoration upon the court’s determination that they are no longer needed for evidentiary purposes; or

(5) The parties in the case have stipulated that the things seized may be returned to the movant. [1973 c.836 § 111; 2001 c.104 § 44; 2001 c.666 22,23; 2005 c.830 § 20]

[Repealed by 1973 c.836 § 358]