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Section 133.643 – Ground for motion for return or restoration of things seized

May 14, 2021 | Criminal Procedure, Oregon

A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because:

(1) The things had been stolen or otherwise converted, and the movant is the owner or rightful possessor;
(2) The things seized were not in fact subject to seizure under ORS 131.550 to 131.600 or 133.525 to 133.703;
(3) The movant, by license or otherwise, is lawfully entitled to possess things otherwise subject to seizure under ORS 133.525 to 133.703;
(4) Although the things seized were subject to seizure under ORS 133.525 to 133.703, the movant is or will be entitled to their return or restoration upon the court’s determination that they are no longer needed for evidentiary purposes; or
(5) The parties in the case have stipulated that the things seized may be returned to the movant.

ORS 133.643

1973 c.836 §111; 2001 c.104 §44; 2001 c.666 §§22,23; 2005 c. 830, § 20