(1) A law enforcement agency may not seize any cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property that a person deposits, or attempts to deposit, with the clerk of the court, or a person designated by a magistrate to take security under ORS § 135.270, in order to obtain security release as described in ORS § 135.265 unless the law enforcement agency first obtains:

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Terms Used In Oregon Statutes 135.275

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Personal property: All property that is not real property.

(a) A search warrant issued pursuant to ORS § 133.545 authorizing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as items subject to search and seizure as described in ORS § 133.535; or

(b) A court order under ORS § 131A.060 directing seizure of the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property as property subject to forfeiture under ORS § 131A.020.

(2) After seizing cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property under subsection (1) of this section, a law enforcement agency may not further transfer or distribute the cash, cashier’s checks, money orders, credit cards, stocks, bonds or real or personal property to any person or entity without a court order specifically authorizing the transfer or distribution.

(3) As used in this section, ‘law enforcement agency’ has the meaning given that term in ORS § 131A.005. [2015 c.493 § 2]