181A.940; ����� (c) An investigator of a district attorney�s office if the investigator is or has been certified as a peace officer in this or any other state; ����� (d) An investigator of the Crimi

181A.940;

����� (c) An investigator of a district attorney�s office if the investigator is or has been certified as a peace officer in this or any other state;

����� (d) An investigator of the Criminal Justice Division of the Department of Justice;

����� (e) A humane special agent as defined in ORS 181A.345; or

����� (f) A regulatory specialist exercising authority described in ORS 471.775 (2). [1973 c.836 �81; 1979 c.656 �2; 1991 c.67 �27; 1995 c.651 �7; 2011 c.506 �13; 2011 c.644 ��16,40; 2012 c.54 ��8,9; 2012 c.67 ��5,6; 2013 c.180 ��10,11; 2015 c.174 �5; 2015 c.614 ��139,140; 2023 c.216 �1]

����� 133.530 [Repealed by 1965 c.508 �8]

����� 133.535 Permissible objects of search and seizure. The following are subject to search and seizure under ORS 133.525 to 133.703:

����� (1) Evidence of or information concerning the commission of a criminal offense;

����� (2) Contraband, the fruits of crime, or things otherwise criminally possessed;

����� (3) Property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense; and

����� (4) A person for whose arrest there is probable cause or who is unlawfully held in concealment. [1973 c.836 �82]

����� 133.537 Protection of things seized; liability of agency. (1) In all cases of seizure, an agency that seizes property shall take reasonable steps to safeguard and protect the things seized against loss, damage and deterioration.

����� (2) Notwithstanding subsection (1) of this section, an agency that seizes property is not liable for loss, damage or deterioration resulting from any reasonable actions taken to secure or develop evidence. [1991 c.540 �2]

����� Note: 133.537 was added to and made a part of 133.525 to 133.703 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

����� 133.539 Obtaining information from portable electronic devices. (1) As used in this section:

����� (a)(A) �Forensic imaging� means using an electronic device to download or transfer raw data from a portable electronic device onto another medium of digital storage.

����� (B) �Forensic imaging� does not include photographing or transcribing information observable from the portable electronic device by normal unaided human senses.

����� (b) �Location information service� means a global positioning service or other mapping, locational or directional information service.

����� (c) �Portable electronic device� means any device designed to be easily moved from one location to another and that contains electronic data or that enables access to, or use of, an electronic communication service as defined in 18 U.S.C. 2510, remote computing service as defined in 18 U.S.C. 2711 or location information service.

����� (d) �Raw data� means data collected from a source that has not been subsequently altered or manipulated after collection.

����� (2) A law enforcement agency may not use forensic imaging to obtain information contained in a portable electronic device except:

����� (a) Pursuant to a search warrant issued under ORS 133.525 to 133.703; or

����� (b) As authorized by lawful consent.

����� (3) Information obtained in violation of this section:

����� (a) Is not admissible in and may not be disclosed in a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding, against either the owner of the portable electronic device or a person with a reasonable expectation of privacy in the contents of the device; and

����� (b) May not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed.

����� (4) A portable electronic device that has been forensically imaged pursuant to subsection (2) of this section may be returned as described in ORS 133.633 and 133.643.

����� (5) Subsection (2) of this section does not apply to:

����� (a) A correctional facility, youth correction facility or state hospital, as those terms are defined in ORS 162.135, when the facility or state hospital obtains information from a portable electronic device in an otherwise lawful manner.

����� (b) A parole and probation officer, juvenile community supervision officer as defined in ORS