133.565, and shall be supported by one or more affidavits particularly setting forth the facts and circumstances tending to show that the objects of the search are in the places, or in the possession

133.565, and shall be supported by one or more affidavits particularly setting forth the facts and circumstances tending to show that the objects of the search are in the places, or in the possession of the individuals, to be searched. If an affidavit is based in whole or in part on hearsay, the affiant shall set forth facts bearing on any unnamed informant�s reliability and shall disclose, as far as possible, the means by which the information was obtained.

����� (7) Instead of the written affidavit described in subsection (6) of this section, the judge may take an oral statement under oath. The oral statement shall be recorded and a copy of the recording submitted to the judge who took the oral statement. In such cases, the judge shall certify that the recording of the sworn oral statement is a true recording of the oral statement under oath and shall retain the recording as part of the record of proceedings for the issuance of the warrant. The recording shall constitute an affidavit for the purposes of this section. The applicant shall retain a copy of the recording and shall provide a copy of the recording to the district attorney if the district attorney is not the applicant.

����� (8)(a) In addition to the procedure set out in subsection (7) of this section, the proposed warrant and the affidavit may be sent to the court by facsimile transmission or any similar electronic transmission that delivers a complete printable image of the signed affidavit and proposed warrant. The affidavit may have a notarized acknowledgment, or the affiant may swear to the affidavit by telephone. If the affiant swears to the affidavit by telephone, the affidavit may be signed electronically. A judge administering an oath telephonically under this subsection must execute a declaration that recites the manner and time of the oath�s administration. The declaration must be filed with the return.

����� (b) When a court issues a warrant upon an application made under paragraph (a) of this subsection:

����� (A) The court may transmit the signed warrant to the person making application under subsection (5) of this section by means of facsimile transmission or similar electronic transmission, as described in paragraph (a) of this subsection. The court shall file the original signed warrant and a printed image of the application with the return.

����� (B) The person making application shall deliver the original signed affidavit to the court with the return. If the affiant swore to the affidavit by telephone, the affiant must so note next to the affiant�s signature on the affidavit. [1973 c.836 �83; 1985 c.344 �1; 1989 c.983 �3; 1995 c.658 �73; 1999 c.56 �1; 2007 c.547 �1; 2009 c.334 �1; 2013 c.155 �11; 2013 c.225 �1; 2015 c.415 �1; 2019 c.399 �7; 2023 c.216 �2; 2023 c.302 �3]

����� 133.550 [Repealed by 1973 c.836 �358]

����� 133.555 Hearing. (1) Before acting on the application, the judge may examine on oath the affiants, and the applicant and any witnesses the applicant may produce, and may call such witnesses as the judge considers necessary to a decision. The judge shall make and keep a record of any testimony taken before the judge. The record shall be admissible as evidence on any motion to suppress.

����� (2) If the judge finds that the application meets the requirements of ORS 133.545 and that, on the basis of the record made before the judge, there is probable cause to believe that the search will discover things specified in the application and subject to seizure under ORS 133.535, the judge shall issue a search warrant based on the finding of the judge and in accordance with the requirements of ORS 133.545 to 133.615. If the judge does not so find, the judge shall deny the application.

����� (3) The judge may orally authorize a police officer, a district attorney or a special agent employed under ORS 131.805 to sign the judge�s name on a duplicate original warrant. A duplicate original warrant shall be a search warrant for the purposes of ORS 133.535 to 133.615, and it shall be returned to the judge as provided in ORS 133.615. In such cases a judge shall enter on the face of the original warrant the exact time of the issuance of the warrant and shall sign and file the original warrant in the manner provided by law.

����� (4) Until the warrant is executed, the proceedings upon application for a search warrant shall be conducted with secrecy appropriate to the circumstances. [1973 c.836 �84; 2009 c.334 �2]

����� 133.560 [Repealed by 1973 c.836 �358]

����� 133.565 Contents of search warrant; time of execution; destruction of hoop houses. (1) A search warrant shall be dated and shall be addressed to and authorize its execution by an officer authorized by law to execute search warrants.

����� (2) The warrant shall state, or describe with particularity:

����� (a) The identity of the judge issuing the warrant and the date the warrant was issued;

����� (b) The name of the person to be searched, or the location and designation of the premises or places to be searched;

����� (c) The things constituting the object of the search and authorized to be seized; and

����� (d) The period of time, not to exceed five days, after execution of the warrant except as provided in subsection (3) of this section, within which the warrant is to be returned to the issuing authority.

����� (3) Except as otherwise provided herein, the search warrant shall be executed between the hours of 7 a.m. and 10 p.m. and within five days from the date of issuance. The judge issuing the warrant may, however, by indorsement upon the face of the warrant, authorize its execution at any time of the day or night and may further authorize its execution after five days, but not more than 10 days from date of issuance.

����� (4) When executing a search warrant issued to search a location at which there is probable cause to believe that the crime of unlawful production of marijuana is being committed, the police officer executing the search warrant may order the destruction of any hoop houses at the location if there is probable cause to believe that the hoop houses are being used in the commission of the unlawful production of marijuana. [1973 c.836 �85; 2025 c.285 �1]

����� 133.575 Execution of warrant. (1) Except as provided in ORS 136.583, a search warrant may be executed only within the period and at the times authorized by the warrant and only by a police officer. A police officer charged with its execution may be accompanied by such other persons as may be reasonably necessary for the successful execution of the warrant with all practicable safety. Other persons may include, but are not limited to:

����� (a) Civil enforcement officers;

����� (b) Victim services providers;

����� (c) Law enforcement agency personnel other than police officers;

����� (d) Employees of a utility company;

����� (e) The State Fire Marshal and assistants to the State Fire Marshal, as described in ORS