(1) A law enforcement agency may not seize any cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS 135.270, in order to obtain security release as described in ORS 135.265 unless the law enforcement agency first obtains:
(a) A search warrant issued pursuant to ORS 133.545 authorizing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS 133.535; or(b) A court order under ORS 131A.060 directing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS 131A.020.(2) After seizing cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property under subsection (1) of this section, a law enforcement agency may not further transfer or distribute the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution.(3) As used in this section, “law enforcement agency” has the meaning given that term in ORS 131A.005.
