133.623
Handling and disposition of things seized. (1) The provisions of subsections (2), (3) and (4) of
this section apply to all cases of seizure, except for a seizure made under a
search warrant.
(2) If an officer
makes an arrest in connection with the seizure, the officer shall, as soon
thereafter as is reasonably possible, make a written list of the things seized
and furnish a copy of the list to the defendant.
(3) If no claim
to rightful possession has been established under ORS 133.633 to 133.663, the
things seized may be disposed of in accordance with ORS 98.245 or the court may
order that the things be delivered to the officials having responsibility under
the applicable laws for selling, destroying or otherwise disposing of
contraband, forfeited or unclaimed goods in official custody. If the
responsible officials are state officials and the property is forfeited, the
clear proceeds shall be deposited with the State Treasury in the Common School
Fund.
(4) If things
seized in connection with an arrest are not needed for evidentiary purposes,
and if a person having a rightful claim establishes identity and right to
possession beyond a reasonable doubt to the satisfaction of the seizing
officer, the officer may summarily return the things seized to their rightful
possessor. If the things seized are perishable and it is not possible to return
them to their rightful possessor, the seizing officer may dispose of the items
as justice and the necessities of the case require. [1973 c.836 §109; 1987
c.858 §1; 1997 c.480 §3]
133.625 [1961 c.696 §1; 1967 c.475 §1;
1973 c.836 §135; renumbered 135.050]
133.630 [Repealed by 1961 c.696 §4]
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1974–2021 · leading case:
State v. Greene, 591 P.2d 1362 (Or. 1979).
State v. Greene, 591 P.2d 1362 (Or. 1979).
· cites it 4× “535 (lists permissible objects of search and seizure including "a person for whose arrest there is probable cause"); ORS 133.623 (disposition of things seized without a warrant); ORS 133.”
Emery v. State, 688 P.2d 72 (Or. 1984).
· cites it 8× “" The plaintiffs contend that they are entitled to recover under either of two chief alternate theories: (1) The state is required by ORS 133.623 to 133.663 to return or restore property seized as evidence to its rightful owners in substantially the prior condition or pay…”
State v. Ehrensing, 296 P.3d 1279 (Or. Ct. App. 2013).
· cites it 6× “323(2), ORS 133.623, et seq, and 133.643 Douglas County Sheriff shall return Eight (8) ounces of packaged marijuana seized from Mr.”
State v. Barnum, 902 P.2d 95 (Or. Ct. App. 1995).
· cites it 2× “ORS 133.623 et seq. Moreover, as in Wright , to the extent that the notebook contained entries that were not germane to the letter combinations that might lead to the identification of defendant as the author of the forged letters, defendant's privacy interest in those entries…”
State v. Fitzgerald, 530 P.2d 553 (Or. Ct. App. 1974).
· cites it 2× “In his motion to suppress, defendant relied on two grounds: (1) failure of the police to give defendant a written list of the items seized, in violation of ORS 133.623, ① and (2) failure of *862 the state to show that a warrantless search came within any proper exception to the…”
State v. Fenton, 430 P.3d 152 (Or. Ct. App. 2018).
“Defendant relied on " ORS 133.623 - 653" 2 in support of the motion and asserted that the firearms that the officers had seized from Gann's home were his weapons.”
State v. Wilson, 803 P.2d 769 (Or. Ct. App. 1990).
“The state responds that a person may seek return of items *23 seized under ORS 133.623 through ORS 133.663 and defendant could have availed himself of that process.”
Smith v. City of Dalles (D. Or. 2021).
· cites it 2× “Under this procedure, Plaintiff needed to file a motion (for which no fee is charged) and show to the satisfaction of a state court that the money belonged to him “beyond a reasonable doubt.”
State v. Shaw, 556 P.2d 717 (Or. Ct. App. 1976).
“The statutory provisions for the return of seized property upon which defendant bases his motion are contained in ORS 133.623 et seq. They provide that when more than 90 days have elapsed since the seizure, the court having ultimate jurisdiction over any crime charged in…”
— Or. Rev. Stat. § 133.623(1) — 1 case
State v. Ehrensing, 296 P.3d 1279 (Or. Ct. App. 2013).
“323(2), ORS 133.623, et seq, and 133.643 Douglas County Sheriff shall return Eight (8) ounces of packaged marijuana seized from Mr.”
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