476.060; ����� (f) Employees of a county animal shelter or other animal care agency; ����� (g) Towers; ����� (h) Personnel from federal, state or local regulatory agencies; ����� (i) Emergency med

476.060;

����� (f) Employees of a county animal shelter or other animal care agency;

����� (g) Towers;

����� (h) Personnel from federal, state or local regulatory agencies;

����� (i) Emergency medical services providers, as defined in ORS 682.025; and

����� (j) Contractors and other persons assisting with the destruction of waste.

����� (2) The executing officer shall, before entering the premises, give appropriate notice of the identity, authority and purpose of the officer to the person to be searched, or to the person in apparent control of the premises to be searched, as the case may be.

����� (3) Except as provided in ORS 133.619, before undertaking any search or seizure pursuant to the warrant, the executing officer shall read and give a copy of the warrant to the person to be searched, or to the person in apparent control of the premises to be searched. If the premises are unoccupied or there is no one in apparent control, the officer shall leave a copy of the warrant suitably affixed to the premises. [1973 c.836 �86; 1989 c.983 �4; 2009 c.617 �2; 2023 c.216 �3]

����� 133.585 [1973 c.836 �87; repealed by 1997 c.313 �37]

����� 133.595 List of things seized. Except as provided in ORS 133.619, promptly upon completion of the search, the officer shall make a list of the things seized, and shall deliver a receipt embodying the list to the person from whose possession they are taken, or the person in apparent control of the premises or vehicle from which they are taken. If the vehicle or premises are unoccupied or there is no one present in apparent control, the executing officer shall leave the receipt suitably affixed to the vehicle or premises. [1973 c.836 �88; 1989 c.983 �5]

����� 133.605 Use of force in executing warrants. (1) The executing officer and other officers accompanying and assisting the officer may use the degree of force, short of deadly physical force, against persons, or to effect an entry, or to open containers, as is reasonably necessary for the execution of the search warrant with all practicable safety.

����� (2) The use of deadly physical force in the execution of a search warrant is justifiable only:

����� (a) If the officer reasonably believes that there is a substantial risk that things to be seized will be used to cause death or serious physical injury if their seizure is delayed and that the force used creates no substantial risk of injury to persons other than those obstructing the officer; or

����� (b) If the officer reasonably believes that the use of deadly physical force is necessary to defend the officer or another person from the use or threatened imminent use of deadly physical force. [1973 c.836 �89]

����� 133.610 [Amended by 1963 c.511 �1; 1965 c.508 �3; 1973 c.836 �138; renumbered 135.070]

����� 133.615 Return of the warrant. (1) If a search warrant is not executed within the time specified by the warrant, the officer shall forthwith return the warrant to the issuing judge.

����� (2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant to the issuing judge together with a signed list of things seized and setting forth the date and time of the search.

����� (3) Subject to the provisions of subsection (4) of this section, the issuing judge shall file the warrant and list returned to the judge, with the record of the proceedings on the application for the warrant made pursuant to ORS 133.555.

����� (4) If the issuing judge does not have jurisdiction to inquire into the offense in respect to which the warrant was issued or the offense apparently disclosed by the things seized, the judge shall transmit the warrant and the record of proceedings for its issuance, together with the documents submitted on the return, to the clerk of the appropriate court having jurisdiction to inquire into such offense. [1973 c.836 �90]

����� 133.617 �Mobile tracking device� defined. As used in ORS 133.545 and 133.619, unless the context requires otherwise, �mobile tracking device� means an electronic or mechanical device which permits the tracking of the movement of a person or object. [1989 c.983 �1]

����� Note: 133.617 and 133.619 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 133.619 Execution of warrant authorizing mobile tracking device. (1) A warrant authorizing the installation or tracking of a mobile tracking device shall be executed as provided in this section.

����� (2) The officer need not inform any person of the existence or content of the warrant prior to its execution.

����� (3) Except as provided in subsection (4) of this section, the officer need not deliver or leave a receipt for things seized or observations made under authority of the warrant.

����� (4) Within five days of the execution of the warrant, or, in the case of an ongoing investigation, within such additional time as the issuing judge may allow upon application, the officer shall mail a receipt for things seized or observations made under authority of the warrant to the following:

����� (a) If the mobile tracking device has been affixed to a vehicle, to the registered owner; and

����� (b) To such other persons as the court may direct in the warrant.

����� (5) The receipt provided for in subsection (4) of this section must include the dates and times during which the officer monitored or attempted to monitor the mobile tracking device.

����� (6) A warrant authorizing the installation or tracking of a mobile tracking device shall be issued only when based upon the submission of an affidavit or oral statement as described in ORS 133.545, which affidavit or statement demonstrates that probable cause exists to believe that an individual is committing or is about to commit:

����� (a) A particular felony of murder, kidnapping, arson, robbery or other crime dangerous to life and punishable as a felony;

����� (b) A crime punishable as a felony arising under ORS 475.752, 475.786 to 475.894, 475C.005 to 475C.525 or 475C.770 to 475C.919;

����� (c) The crime of unlawfully transporting metal property under ORS 164.857 or a crime described in ORS 165.118;

����� (d) Bribery, extortion, burglary or unauthorized use of a motor vehicle punishable as a felony;

����� (e) A violation of a criminal provision of the wildlife laws as described in ORS 496.002;

����� (f) A violation of a criminal provision of the commercial fishing laws as described in ORS