Oregon Statutes 329A.410 – When search warrant required; procedure
(1) In the event that any authorized representative of the Department of Early Learning and Care, Oregon Health Authority or other agency is denied access to any premises for the purpose of making an inspection in the administration of ORS § 181A.200, 329A.030 and 329A.250 to 329A.450, the representative shall not inspect the premises without a search warrant.
Terms Used In Oregon Statutes 329A.410
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(2) Application for a search warrant to inspect the premises shall be made to any magistrate authorized to issue a warrant of arrest. The application must be supported by an affidavit filed with the magistrate showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, the statutes and rules which provide the basis for inspection, whether it is a routine or periodic inspection, an on-site review or an investigation instituted by complaint and other specific or general information concerning the premises.
(3) If the magistrate is satisfied that there is probable cause to believe that the grounds of the application exist, the magistrate shall issue the search warrant specifying the purpose and extent of the inspection, on-site review or investigation of the premises covered by the warrant. [Formerly 657A.410; 2023 c.554 § 32]