167.008; or ����� (b) Any other crime punishable as a felony if the circumstances at the time the oral communication is intercepted are of such exigency that it would be unreasonable to obtain a cour

167.008; or

����� (b) Any other crime punishable as a felony if the circumstances at the time the oral communication is intercepted are of such exigency that it would be unreasonable to obtain a court order under ORS 133.724 or this section.

����� (8) A law enforcement officer who intercepts an oral communication pursuant to this section may not intentionally fail to record and preserve the oral communication in its entirety. A law enforcement officer, or a person under the direct supervision of the officer, who is authorized under this section to intercept an oral communication is not required to exclude from the interception an oral communication made by a person for whom probable cause does not exist if the officer or the person under the officer�s direct supervision is a party to the oral communication.

����� (9) A law enforcement officer may not divulge the contents of an oral communication intercepted under this section before a preliminary hearing or trial in which an oral communication is going to be introduced as evidence against a person except:

����� (a) To a superior officer or other official with whom the law enforcement officer is cooperating in the enforcement of the criminal laws of this state or the United States;

����� (b) To a magistrate;

����� (c) In a presentation to a federal or state grand jury; or

����� (d) In compliance with a court order.

����� (10) A law enforcement officer may intercept an oral communication under this section only when acting within the scope of the officer�s employment and as a part of assigned duties.

����� (11) As used in this section, �law enforcement officer� means:

����� (a) An officer employed to enforce criminal laws by:

����� (A) The United States, this state or a municipal government within this state;

����� (B) A political subdivision, agency, department or bureau of the governments described in subparagraph (A) of this paragraph; or

����� (C) A police department established by a university under ORS 352.121 or 353.125;

����� (b) An authorized tribal police officer as defined in ORS 181A.940; or

����� (c) A regulatory specialist as defined in ORS 471.001.

����� (12) Violation of subsection (9) of this section is a Class A misdemeanor. [1983 c.824 �8; 1995 c.224 �2; 2001 c.385 �2; 2003 c.577 �13; 2005 c.708 �46; 2007 c.442 ��2,3; 2011 c.151 ��9,10; 2011 c.644 ��18,19,63,64,71; 2012 c.54 ��12,13; 2013 c.180 ��14,15; 2015 c.174 �7; 2015 c.614 ��143,144; 2023 c.209 �5]

����� 133.727 Proceeding under expired order prohibited. Any officer who knowingly proceeds under an order which has expired and has not been renewed as provided in ORS 133.724 is deemed to act without authority under ORS 133.724 and shall be subject to the penalties provided in ORS 165.543, as though the officer had never obtained any such order or warrant. [Formerly 141.730; 1979 c.716 �14; 1983 c.824 �7]

����� 133.729 Recording intercepted communications; method; delivery to court; custody. The contents of any wire, electronic or oral communication intercepted in accordance with the provisions of ORS 133.724 shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, electronic or oral communication under this section shall be done in such way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order issued under ORS 133.724, or extensions thereof, such recordings shall be made available to the judge issuing such order and sealed under the direction of the judge. Custody of the recordings shall be wherever the judge orders. They shall not be destroyed before the expiration of the minimum retention period established by the State Court Administrator under ORS 8.125. Duplicate recordings may be made for use or disclosure pursuant to the provisions of ORS 133.737 (1) and (2) for investigations. The presence of the seal provided for by this section, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, electronic or oral communication or evidence derived therefrom under ORS 133.737 (3). [1979 c.716 �7; 1989 c.983 �8; 1997 c.872 �12]

����� 133.730 [Renumbered 135.135]

����� 133.731 Inventory; contents; inspection of intercepted communications. (1) Within a reasonable time but not later than 90 days after the termination of the period of an order issued under ORS 133.724, or extensions thereof, the issuing or denying judge shall cause to be served, on the persons named in the order or the application, and such other parties to intercepted communications as the judge may determine in the judge�s discretion should be served in the interest of justice, an inventory which shall include notice of:

����� (a) The fact of the entry of the order or the application;

����� (b) The date of the entry and the period of authorized, approved or disapproved interception, or the denial of the application; and

����� (c) The fact that during the period wire, electronic or oral communications were or were not intercepted.

����� (2) The judge, upon the filing of a motion, may in the judge�s discretion make available to such person or the person�s counsel for inspection such portions of the intercepted communications, applications and orders as the judge determines to be in the interest of justice. On an ex parte showing of good cause to a judge of the circuit court, the serving of the inventory required by this section may be postponed. [1979 c.716 �8; 1989 c.983 �9]

����� 133.733 Procedure for introduction as evidence. The contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding in any court of this state unless each party, not less than 10 days before the trial, hearing or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized or approved. This 10-day period may be waived by the judge if the judge finds that it was not possible to furnish the party with the above information 10 days before the trial, hearing or proceeding and that the party will not be prejudiced by the delay in receiving such information. [1979 c.716 �9; 1989 c.983 �10]

����� 133.735 Suppression of intercepted communications; procedure; grounds; appeal. (1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress the contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, on the grounds that:

����� (a) The communication was unlawfully intercepted;

����� (b) The order of authorization or approval under which it was intercepted is insufficient on its face; or

����� (c) The interception was not made in conformity with the order of authorization or approval.

����� (2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, electronic or oral communication, or evidence derived therefrom, shall be treated as having been unlawfully obtained. The judge, upon the filing of such motion by the aggrieved person, may in the judge�s discretion make available to the aggrieved person or the person�s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.

����� (3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1979 c.716 �10; 1989 c.983 �11]

����� 133.736 Suppression of intercepted oral communication; procedure; appeal. (1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the state, or a political subdivision thereof, may move to suppress recordings of any oral communication intercepted in violation of ORS 133.726 or testimony or other evidence derived solely from the unlawful interception.

����� (2) Such motion shall be made before the trial, hearing or proceeding unless there was no opportunity to make such motion or the person was not aware of the grounds of the motion. If the motion is granted, the judge, upon the filing of such motion by the aggrieved person, may in the judge�s discretion make available to the aggrieved person or the person�s counsel for inspection such portions of the intercepted communications or evidence derived therefrom as the judge determines to be in the interests of justice.

����� (3) In addition to any other right to appeal, the state shall have the right to appeal from an order granting a motion to suppress under subsection (1) of this section. [1983 c.824 �5; 2001 c.385 �3; 2003 c.14 �55]

����� 133.737 Disclosure and use of intercepted communications. (1) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 to 133.739, has obtained knowledge of the contents of any wire, electronic or oral communication under ORS 133.724, or evidence derived therefrom, may disclose such contents to another investigative or law enforcement officer to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure or to the extent that such disclosure is otherwise authorized by law.

����� (2) Any investigative or law enforcement officer who, by any means authorized by ORS