206.030 Duty
to execute process and make return; taking concealed personal property; use of
force. An officer
to whom any process, order or paper is delivered shall execute or serve it
according to its command or direction, or as required by law, and must make a
written return of the execution or service thereof. If a sheriff is directed by
a court to take personal property into custody at a specific premises, and the
property is concealed in a building or enclosure, the sheriff shall demand its
delivery. If delivery is not made, the sheriff shall use such reasonable force
as is necessary to enter into the building or enclosure and take the property
into possession. [Amended by 2003 c.304 §1]
Notes of Decisions
Cited in
4
cases, 1984–2012 · leading case:
State v. Foster, 217 P.3d 168 (Or. 2009).
State v. Foster, 217 P.3d 168 (Or. 2009).
“ORS 206.030. If resistance is anticipated, the sheriff may even command others to assist in overcoming the resistance.”
Burks v. Lane Cnty., 695 P.2d 1373 (Or. Ct. App. 1985).
“The question in connection with plaintiffs’ claim is whether the county is required by statute to provide a particular funding level, greater than the one it did provide, for the sheriffs performance of his law enforcement duties. There is no question before us in this case…”
State v. Mast, 283 P.3d 916 (Or. Ct. App. 2012).
· cites it 3× “One[, ORS 206.030,] says that if an order directs a sheriff to * * * seize property at a specific premises, then the sheriff shall * * * publicly demand the return and, if not, forcibly enter the building or enclosure and seize the property.”
Hamilton v. Smith, 676 P.2d 341 (Or. Ct. App. 1984).
· cites it 4× “Following a show cause hearing, the trial court granted the writ to compel service on the basis of ORS 206.030. The office of sheriff is established by Article VI, section 6, of the Oregon Constitution.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.