146.107
Authority to enter and secure certain premises; court order. (1) A medical examiner,
medical-legal death investigator or district attorney may enter any room,
dwelling, building or other place in which the medical examiner, medical-legal
death investigator or district attorney has reasonable cause to believe that a
body or evidence of the circumstances of death requiring investigation may be
found.
(2) If refused
entry, the medical examiner, medical-legal death investigator or district
attorney may apply to any judge authorized to issue search warrants for an
order to enter such premises, search for and seize a body or any evidence of
the cause or manner of death.
(3) Upon
application supported by an affidavit setting forth facts and circumstances
tending to show that a body or such evidence of death is in the place to be
searched, the judge shall issue such order to enter and search and seize.
(4) To preserve
evidence, a medical examiner, medical-legal death investigator or district
attorney may:
(a) Place under
the custody or control of the medical examiner, medical-legal death
investigator or district attorney, or enclose or lock any room, dwelling,
building or other enclosure for a period of not more than five days.
(b) Rope off or
otherwise restrict entry to any open area.
(c) Forbid the
entrance of any unauthorized person into the area specified under paragraphs
(a) and (b) of this subsection.
(5) No person
shall enter upon the enclosures or areas specified in subsection (4) of this
section without the permission of the medical examiner, medical-legal death
investigator or district attorney. [1973 c.408 §15; 2017 c.151 §16]
Notes of Decisions
Cited in
4
cases, 1979–2008 · leading case:
State v. Ferrara, 178 P.3d 250 (Or. Ct. App. 2008).
State v. Ferrara, 178 P.3d 250 (Or. Ct. App. 2008).
· cites it 4× “entry was authorized by ORS 146.107, which provides, in part: "(1) A medical examiner, deputy medical examiner or district attorney may enter any room, dwelling, building or other place in which the medical examiner, deputy medical examiner or district attorney has reasonable…”
State v. Matsen, 601 P.2d 784 (Or. 1979).
“8 ORS 146.107(4), authorizing a medical examiner or district attorney to impound premises when there is a body or evidence of the circumstances of death requiring investigation, is concededly not applicable.”
State v. Blasingame, 873 P.2d 361 (Or. Ct. App. 1994).
· cites it 8× “The trial court found that ORS 146.107 [4] authorized the first entry into defendant's home, [5] but found that the second entry resulted in an unlawful search.”
State v. Ferrara, 178 P.3d 250 (Or. Ct. App. 2008).
· cites it 4× “entry was authorized by ORS 146.107, which provides, in part: “(1) A medical examiner, deputy medical examiner or district attorney may enter any room, dwelling, building or *63 other place in which the medical examiner, deputy medical examiner or district attorney has…”
— Or. Rev. Stat. § 146.107(1) — 1 case
State v. Blasingame, 873 P.2d 361 (Or. Ct. App. 1994).
“The trial court found that ORS 146.107 [4] authorized the first entry into defendant's home, [5] but found that the second entry resulted in an unlawful search.”
— Or. Rev. Stat. § 146.107(4) — 1 case
State v. Matsen, 601 P.2d 784 (Or. 1979).
“8 ORS 146.107(4), authorizing a medical examiner or district attorney to impound premises when there is a body or evidence of the circumstances of death requiring investigation, is concededly not applicable.”
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