Oregon Statutes 131.040 – When law enforcement officer may communicate with person represented by counsel
A law enforcement officer may communicate with a person who is represented by counsel without obtaining the prior consent of counsel, and an attorney who prosecutes violations of the criminal laws of this state or the United States is not required to forbid or otherwise prevent the communication, if:
Terms Used In Oregon Statutes 131.040
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(1) The communication is related to a criminal investigation;
(2) No accusatory instrument has been filed charging the person with the commission of an offense that is the subject of the investigation or communication, and no juvenile petition has been filed alleging acts that would constitute the commission of an offense that is the subject of the investigation or communication; and
(3) The communication is not in violation of the Constitution of the United States or of the State of Oregon. [1995 c.657 § 19]