More Categories

Section 131.040 – When law enforcement officer may communicate with person represented by counsel

May 14, 2021 | Criminal Procedure, Oregon

A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if:

(1) The communication is related to a criminal investigation;
(2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and
(3) The communication is not in violation of the Constitution of the United States or of the State of Oregon.

ORS 131.040

1995 c.657 ยง19