506.001; ����� (g) A violation of ORS 704.020, 704.021, 704.030 or 704.065; or ����� (h) A conspiracy to commit a crime listed in this subsection. ����� (7) A court may authorize the installation o

506.001;

����� (g) A violation of ORS 704.020, 704.021, 704.030 or 704.065; or

����� (h) A conspiracy to commit a crime listed in this subsection.

����� (7) A court may authorize the installation or tracking of a mobile tracking device for a period not to exceed 30 days. Upon application, the court may grant one or more extensions for a period not to exceed 30 days per extension. [1989 c.983 �2; 1991 c.625 �1; 1993 c.171 �1; 1999 c.56 �2; 2005 c.708 �44; 2009 c.811 �8; 2013 c.359 �1; 2023 c.209 �4]

����� Note: See note under 133.617.

����� 133.620 [Amended by 1965 c.508 �4; renumbered 135.075]

����� 133.621 Medical procedures; immunity from liability for performing. A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, may withdraw bodily substances, pierce human tissue, perform medical tests and procedures and otherwise use medical procedures to gather evidence in a criminal investigation. A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, shall not be held civilly liable for gathering potential evidence in a criminal investigation in a medically acceptable manner at the request of a peace officer. The civil immunity granted in this section is not conditioned upon the existence of probable cause, the existence of a search warrant or the existence of a court order. Nothing in this section shall be interpreted as requiring a duly licensed physician to act at the request of a peace officer. [1989 c.585 �2]

����� Note: 133.621 was added to and made a part of ORS chapter 133 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

(Disposition of Things Seized)

����� 133.623 Handling and disposition of things seized. (1) The provisions of subsections (2), (3) and (4) of this section apply to all cases of seizure, except for a seizure made under a search warrant.

����� (2) If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, make a written list of the things seized and furnish a copy of the list to the defendant.

����� (3) If no claim to rightful possession has been established under ORS 133.633 to 133.663, the things seized may be disposed of in accordance with ORS 98.245 or the court may order that the things be delivered to the officials having responsibility under the applicable laws for selling, destroying or otherwise disposing of contraband, forfeited or unclaimed goods in official custody. If the responsible officials are state officials and the property is forfeited, the clear proceeds shall be deposited with the State Treasury in the Common School Fund.

����� (4) If things seized in connection with an arrest are not needed for evidentiary purposes, and if a person having a rightful claim establishes identity and right to possession beyond a reasonable doubt to the satisfaction of the seizing officer, the officer may summarily return the things seized to their rightful possessor. If the things seized are perishable and it is not possible to return them to their rightful possessor, the seizing officer may dispose of the items as justice and the necessities of the case require. [1973 c.836 �109; 1987 c.858 �1; 1997 c.480 �3]

����� 133.625 [1961 c.696 �1; 1967 c.475 �1; 1973 c.836 �135; renumbered 135.050]

����� 133.630 [Repealed by 1961 c.696 �4]

����� 133.633 Motion for return or restoration of things seized. (1) Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow:

����� (a) An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premises from which they were seized.

����� (b) Any other person asserting a claim to rightful possession of the things seized may move the appropriate court to restore the things seized to the movant.

����� (2) The appropriate court to consider such motion is:

����� (a) The court having ultimate trial jurisdiction over any crime charged in connection with the seizure;

����� (b) If no crime is charged in connection with the seizure, the court to which the warrant was returned; or

����� (c) If the seizure was not made under a warrant and no crime is charged in connection with the seizure, any court having authority to issue search warrants in the county in which the seizure was made.

����� (3) The movant shall serve a copy of the motion upon the district attorney or the city attorney, whichever is appropriate, of the jurisdiction in which the property is in custody.

����� (4) No filing, appearance or hearing fees may be charged for filing or hearing a motion under this section.

����� (5)(a) The things seized that are the subject of a motion for return under this section may include raw data obtained from the forensic imaging of a portable electronic device or of a computer.

����� (b) As used in this subsection, �forensic imaging,� �portable electronic device� and �raw data� have the meanings given those terms in ORS 133.539. [1973 c.836 �110; 1999 c.37 �1; 2005 c.22 �102; 2015 c.613 �2]

����� 133.635 [1961 c.696 �3; 1967 c.628 �2; renumbered 135.080]

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

����� 133.643 Ground for motion for return or restoration of things seized. A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful possession thereof, because:

����� (1) The things had been stolen or otherwise converted, and the movant is the owner or rightful possessor;

����� (2) The things seized were not in fact subject to seizure under ORS 131.550 to 131.600 or