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Oregon Revised Statutes

Or. Rev. Stat. § 133.615 (2026)

Return of the warrant

✓ current as of May 2026
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      133.615 Return of the warrant. (1) If a search warrant is not executed within the time specified by the warrant, the officer shall forthwith return the warrant to the issuing judge.

      (2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant to the issuing judge together with a signed list of things seized and setting forth the date and time of the search.

      (3) Subject to the provisions of subsection (4) of this section, the issuing judge shall file the warrant and list returned to the judge, with the record of the proceedings on the application for the warrant made pursuant to ORS 133.555.

      (4) If the issuing judge does not have jurisdiction to inquire into the offense in respect to which the warrant was issued or the offense apparently disclosed by the things seized, the judge shall transmit the warrant and the record of proceedings for its issuance, together with the documents submitted on the return, to the clerk of the appropriate court having jurisdiction to inquire into such offense. [1973 c.836 §90]

Notes of Decisions
Cited in 10 cases (4 in the last 5 years), 1983–2026 · leading case: State v. Lowry, 667 P.2d 996 (Or. 1983).
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State v. Lowry, 667 P.2d 996 (Or. 1983). · cites it 2× “615, and it shall be returned to the judge as provided in ORS 133.615. In such cases, a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law.”
State v. Tardie, 509 P.3d 705 (Or. Ct. App. 2022). · cites it 3× “Relatedly, ORS 133.615 requires an officer who has “executed a search warrant” to return the warrant to the issuing judge “together with a signed list of things seized and setting forth the date and time of the search.”
State v. Stevens, 806 P.2d 92 (Or. 1991). “615, and it shall be returned to the judge as provided in ORS 133.615. In such cases a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law.”
State v. Evans, 822 P.2d 1198 (Or. Ct. App. 1991). “615, and it shall he returned to the judge as provided in ORS 133.615. In such cases a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law.”
State v. Drummond, 903 P.2d 925 (Or. Ct. App. 1995). · cites it 7× “*171 At the hearing on the motion to suppress, the assistant district attorney told the trial court that the officer had failed to return the original warrant, as required by ORS 133.615. The state offered into evidence the unfiled copy of the warrant.”
State v. Jordan, 697 P.2d 1004 (Or. Ct. App. 1985). “615, and it shall be returned to the judge as provided in ORS 133.615. In such cases a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law.”
State v. Lynch, 849 P.2d 556 (Or. Ct. App. 1993). · cites it 3× “The affidavit was later lost and could not be filed with the court clerk as required by ORS 133.615(3). 1 Instead, the copy retained by the police was filed.”
Craw v. Miller, 341 Or. App. 170 (Or. Ct. App. 2025). · cites it 2× “In his three supplemental pro se assignments of error, petitioner claims that the post-conviction court erred in ruling that trial counsel was not ineffective for failing to file a motion to suppress on the grounds that the warrant lacked probable cause or on the grounds that,…”
Craw v. Miller, 341 Or. App. 170 (Or. Ct. App. 2025). · cites it 2× “In his three supplemental pro se assignments of error, petitioner claims that the post-conviction court erred in ruling that trial counsel was not ineffective for failing to file a motion to suppress on the grounds that the warrant lacked probable cause or on the grounds that,…”
State v. Minneci, 349 Or. App. 108 (Or. Ct. App. 2026). · cites it 5× “ORS 133.615, which governs the return of the war- rant, provides, in part: “(2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant 1 Defendant was convicted of a…”
— Or. Rev. Stat. § 133.615(2) — 2 cases
State v. Drummond, 903 P.2d 925 (Or. Ct. App. 1995). “*171 At the hearing on the motion to suppress, the assistant district attorney told the trial court that the officer had failed to return the original warrant, as required by ORS 133.615. The state offered into evidence the unfiled copy of the warrant.”
State v. Minneci, 349 Or. App. 108 (Or. Ct. App. 2026). “ORS 133.615, which governs the return of the war- rant, provides, in part: “(2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant 1 Defendant was convicted of a…”
— Or. Rev. Stat. § 133.615(3) — 2 cases
State v. Lynch, 849 P.2d 556 (Or. Ct. App. 1993). “The affidavit was later lost and could not be filed with the court clerk as required by ORS 133.615(3). 1 Instead, the copy retained by the police was filed.”
State v. Minneci, 349 Or. App. 108 (Or. Ct. App. 2026). “ORS 133.615, which governs the return of the war- rant, provides, in part: “(2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant 1 Defendant was convicted of a…”
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