(a) To any person on account of obedience to the order or direction; or
(b) For any costs incurred on account of any contamination of the delivered property. This includes, but is not limited to, any disposal costs for any property forfeited under ORS 131.558, any hazardous waste or material, any contraband or any other contamination contained in property seized under this section.
(2) In addition to seizures authorized by ORS 133.535, a police officer may seize property without a court order if the police officer has probable cause to believe that the property is subject to criminal forfeiture.
(3) Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the person having control or custody of the property shall deliver the same over to the police officer.
(4)(a) A police officer may seize property pursuant to an order of the court. Forfeiture counsel or a seizing agency may apply for an ex parte order directing seizure of specified property.
(b) Application may be made to any judge as defined in ORS 133.525. The application must be supported by one or more affidavits setting forth the facts and circumstances tending to show where the objects of the seizure are to be found. The court shall issue the order upon a finding of probable cause to believe that the described property is subject to criminal forfeiture. The order may be set out on the face of a search warrant.
(c) Except as provided in ORS 131.564, with regard to cash or other assets that at the time of seizure are held in any form of account in a financial institution, if the property is in whole or in part intangible, the order shall direct any person having control or custody of the property to deliver the same over to the seizing agency or to the court to abide judgment.
(5) Property may be constructively seized by posting notice of seizure for criminal forfeiture on it or by filing notice of seizure for criminal forfeiture or notice of pending criminal forfeiture in the public records that impart constructive notice of matters relating to such property. A notice that is filed must include a description of the property that is the subject of the seizure. Real property, including interests arising out of land sale contracts, may be seized only upon recording a notice of seizure containing a legal description of the property in the mortgage records of the county in which the real property is located.
(6) Promptly upon seizure, the officer who seized the property shall make an inventory of the property seized and shall deliver a receipt embodying the inventory to the person from whose possession the property is taken or to the person in apparent control of the property at the time it is seized. If the property is unoccupied or there is no one present in apparent control, the officer shall leave the receipt suitably affixed to the property. If the property is physically removed from the location of seizure and it is unoccupied or there is no one present in apparent control, then the officer shall promptly file the receipt in the public records of the seizing agency. Every receipt prepared under this subsection shall contain, in addition to an inventory of the property seized, the following information:
(a) The identity of the seizing agency; and
(b) The address and telephone number of the office or other place where the person may obtain further information concerning the criminal forfeiture.
(7) In the event that property is seized from the possession of a person who asserts a possessory lien over such property pursuant to applicable law, notwithstanding any other provision of law, any lien of the person from whom the property was seized remains in effect and is enforceable as fully as though the person had retained possession of the property. [2005 c.830 ยง5]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Section 131.005 - General definitions.
Section 131.015 - Application to prior and subsequent actions.
Section 131.040 - When law enforcement officer may communicate with person represented by counsel.
Section 131.045 - Appearances by simultaneous electronic transmission.
Section 131.125 - Time limitations.
Section 131.145 - When time starts to run; tolling of statute.
Section 131.215 - Jurisdiction.
Section 131.235 - Criminal homicide.
Section 131.305 - Place of trial.
Section 131.315 - Special provisions.
Section 131.395 - Expenses of change; taxation as costs.
Section 131.405 - Attendance of defendant at new place of trial.
Section 131.505 - Definitions for ORS 131.505 to 131.525.
Section 131.515 - Previous prosecution; when a bar to second prosecution.
Section 131.525 - Previous prosecution; when not a bar to subsequent prosecution.
Section 131.535 - Proceedings not constituting acquittal.
Section 131.550 - Definitions for ORS 131.550 to 131.600.
Section 131.553 - Legislative findings; effect on local laws; remedy not exclusive.
Section 131.558 - Property subject to forfeiture.
Section 131.561 - Seizure of property subject to forfeiture.
Section 131.564 - Status of seized property; release; maintenance and use.
Section 131.566 - Motor vehicle with hidden compartment.
Section 131.567 - Recorded notice of intent to forfeit real property; form.
Section 131.573 - Petition for expedited hearing.
Section 131.576 - Order restoring custody of property after expedited hearing.
Section 131.579 - Affidavit in response to notice of seizure for forfeiture.
Section 131.585 - Extent of judgment.
Section 131.588 - Judgment of forfeiture; contents; effect.
Section 131.600 - Record keeping and reporting requirements.
Section 131.602 - Prohibited conduct for purposes of instrumentalities of crime.
Section 131.605 - Definitions for ORS 131.605 to 131.625.
Section 131.615 - Stopping of persons.
Section 131.625 - Frisk of stopped persons.
Section 131.705 - Definitions for ORS 131.705 to 131.735.
Section 131.725 - Exclusion from public property.
Section 131.890 - Entitlement to reward; use of public money to reward bounty hunter.
Section 131.897 - Authority to order repayment of reward as part of sentence.
Section 131.905 - Legislative findings.
Section 131.906 - Law Enforcement Contacts Policy and Data Review Committee; duties; report.
Section 131.915 - Definitions.
Section 131.920 - Policies and procedures prohibiting profiling.
Section 131.925 - Complaints alleging profiling; complaint form.
Section 131.930 - Definitions.
Section 131.935 - Collection of officer-initiated stop data; use of data; rules.
Section 131.940 - Analysis of stop data to identify profiling; report.