Evidence of the contents of any wire or oral communication intercepted:

Terms Used In Oregon Statutes 41.910

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(1) In violation of ORS § 165.540 shall not be admissible in any court of this state, except as evidence of unlawful interception or when the evidence was created by the use of a video camera worn upon a law enforcement officer’s person and the officer either substantially complied with or attempted in good faith to comply with ORS § 165.540 (5)(d)(B).

(2) Under ORS § 165.540 (2)(a) shall not be admissible in any court of this state unless:

(a) The communication was intercepted by a public official in charge of and at a jail, police premises, sheriff’s office, Department of Corrections institution or other penal or correctional institution; and

(b) The participant in the communication, against whom the evidence is being offered, had actual notice that the communication was being monitored or recorded. [1955 c.675 § 6; 1959 c.681 § 5; 1979 c.716 § 12; 1983 c.824 § 4; 1993 c.178 § 1; 2001 c.385 § 5; 2015 c.550 § 3]

 

[1973 c.263 § 1; repealed by 1979 c.284 § 199]

 

[1973 c.263 § 2; repealed by 1979 c.284 § 199]

 

[1973 c.263 § 3; repealed by 1979 c.284 § 199]