471.660
Seizure of conveyance transporting liquor and liquor therein; notice to owner;
return of conveyance; costs.
(1) When any peace officer discovers any person in the act of transporting
alcoholic liquors in violation of law, in or upon any vehicle, boat or
aircraft, or conveyance of any kind, the officer may seize any alcoholic liquor
found therein, take possession of the vehicle or conveyance and arrest any
person in charge thereof.
(2) The officer
shall at once proceed against the person arrested, under the Liquor Control
Act, in any court having competent jurisdiction, and shall deliver the vehicle
or conveyance to the sheriff of the county in which such seizure was made.
(3) If the person
arrested is the owner of the vehicle or conveyance seized, it shall be returned
to the owner upon execution by the owner of a good and valid bond, with
sufficient sureties in a sum double the value of the property, approved by the
court and conditioned to return the property to the custody of the sheriff at a
time to be specified by the court.
(4) If the person
arrested is not the owner of the vehicle or conveyance seized, the sheriff
shall make reasonable effort to determine the name and address of the owner. If
the sheriff is able to determine the name and address of the owner, the sheriff
shall immediately notify the owner by registered or certified mail of the
seizure and of the owner’s rights and duties under this section and ORS
471.666.
(5) A person
notified under subsection (4) of this section, or any other person asserting a
claim to rightful possession of the vehicle or conveyance seized, except the
defendant, may move the court having ultimate trial jurisdiction over any crime
charged in connection with the seizure to return the vehicle or conveyance to
the movant.
(6) The movant
shall serve a copy of the motion upon the district attorney of the county in
which the vehicle or conveyance is in custody. The court shall order the
vehicle or conveyance returned to the movant, unless the court is satisfied by
clear and convincing evidence that the movant knowingly consented to the
unlawful use that resulted in the seizure. If the court does not order the
return of the vehicle or conveyance, the movant shall obtain the return only as
provided in subsection (3) of this section.
(7) If the court
orders the return of the vehicle or conveyance to the movant, the movant shall
not be liable for any towing or storage costs incurred as a result of the
seizure.
(8) If the court
does not order the return of the vehicle or conveyance under subsection (6) of
this section, and the arrested person is convicted for any offense in
connection with the seizure, the vehicle or conveyance shall be subject to
forfeiture as provided in ORS 471.666. [Amended by 1973 c.836 §351; 1981 c.601 §2]
471.665 [Amended by 1971 c.743 §374a; 1973
c.836 §352; 1977 c.745 §40; 1993 c.741 §66; repealed by 1997 c.592 §6 (471.666
enacted in lieu of 471.665)]
Notes of Decisions
Cited in
10
cases, 1974–2013 · leading case:
State v. Curran, 628 P.2d 1198 (Or. 1981).
State v. Curran, 628 P.2d 1198 (Or. 1981).
· cites it 9× “The state answered, by first seeming to question whether any proceeding under ORS 471.660 and 471.665 4 is *123 required at all to forfeit a vehicle found to carry a controlled substance when the owner has been convicted of an offense “in connection with the seizure.”
State v. Greene, 591 P.2d 1362 (Or. 1979).
· cites it 2× “405 (seizure of illegally imported or purchased alcoholic beverages); ORS 471.660 (seizure of conveyance used to transport alcoholic liquors illegally); ORS 496.”
State v. Crampton, 568 P.2d 680 (Or. Ct. App. 1977).
· cites it 2× “"(2) Any boat, vehicle or other conveyance used by or with the knowledge of the owner, operator or person in charge thereof for the unlawful transportation, possession or concealment of narcotic or dangerous drugs shall be forfeited to the state in the same manner and with like…”
Blue Iguana, Inc. v. Oregon Liquor Control Comm'n, 310 P.3d 720 (Or. Ct. App. 2013).
· cites it 2× “ORS 471.660, for example, dealing with seizure of conveyances transporting “alcoholic liquor in violation of the law,” contains nearly 500 words in eight sections, including ORS 471.”
State v. Curran, 609 P.2d 427 (Or. Ct. App. 1980).
· cites it 6× “The statute, in pertinent part, provides as follows: "(2) Any boat, vehicle or other conveyance used by or with the knowledge of the owner, operator or person in charge thereof for the unlawful transportation or concealment of controlled substances shall be forfeited to the…”
State ex rel. Haas v. One 1965 Ford Auto., 529 P.2d 410 (Or. Ct. App. 1974).
· cites it 4× “The circuit court concluded that the complaint was deficient because it did not allege whether the state had moved for a forfeiture in the criminal action against Gregory Peigion or whether the court there had directed a forfeiture.”
Blackshear v. State, 521 P.2d 1320 (Or. Ct. App. 1974).
· cites it 4× “247 (2) provides: “Any * * * vehicle * * * used by or with the knowledge of the owner, operator or person in charge thereof for the unlawful transportation, possession or concealment of narcotic or dangerous drugs shall be forfeited to the state and in the same manner and with…”
State v. Franklin, 614 P.2d 1229 (Or. Ct. App. 1980).
· cites it 6× “ORS 471.660(4) was applicable upon the seizure of claimant’s automobile: "If the person arrested is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner.”
State v. Fitzgerald, 777 P.2d 1008 (Or. Ct. App. 1989).
· cites it 6× “Before trial, defendant moved for the return of his car pursuant to ORS 471.660 3 on the ground that it was “not used *45 in the unlawful transportation or concealment of a controlled substance.”
State v. Eastman, 697 P.2d 995 (Or. Ct. App. 1985).
“247(2) states: “Any boat, vehicle or other conveyance used by or with the knowledge of the owner, operator or person in charge thereof for the unlawful transportation or concealment of controlled substances shall be forfeited to the state in the same manner and with like effect…”
— Or. Rev. Stat. § 471.660(3) — 1 case
State v. Fitzgerald, 777 P.2d 1008 (Or. Ct. App. 1989).
“Before trial, defendant moved for the return of his car pursuant to ORS 471.660 3 on the ground that it was “not used *45 in the unlawful transportation or concealment of a controlled substance.”
— Or. Rev. Stat. § 471.660(4) — 1 case
State v. Franklin, 614 P.2d 1229 (Or. Ct. App. 1980).
“ORS 471.660(4) was applicable upon the seizure of claimant’s automobile: "If the person arrested is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner.”
— Or. Rev. Stat. § 471.660(5) — 1 case
State v. Franklin, 614 P.2d 1229 (Or. Ct. App. 1980).
“ORS 471.660(4) was applicable upon the seizure of claimant’s automobile: "If the person arrested is not the owner of the vehicle or conveyance seized, the sheriff shall make reasonable effort to determine the name and address of the owner.”
— Or. Rev. Stat. § 471.660(7) — 1 case
Blue Iguana, Inc. v. Oregon Liquor Control Comm'n, 310 P.3d 720 (Or. Ct. App. 2013).
“ORS 471.660, for example, dealing with seizure of conveyances transporting “alcoholic liquor in violation of the law,” contains nearly 500 words in eight sections, including ORS 471.”
— Or. Rev. Stat. § 471.660(8) — 1 case
State v. Curran, 609 P.2d 427 (Or. Ct. App. 1980).
“The statute, in pertinent part, provides as follows: "(2) Any boat, vehicle or other conveyance used by or with the knowledge of the owner, operator or person in charge thereof for the unlawful transportation or concealment of controlled substances shall be forfeited to the…”
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