Oregon Statutes 133.653 – Postponement of return or restoration; appellate review; contents of order
(1) In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use.
Terms Used In Oregon Statutes 133.653
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(2) An order granting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denying such a motion or entered under ORS § 133.663 shall be reviewable on appeal upon certification by the court having custody of the things in question that they are no longer needed for evidentiary purposes.
(3)(a) An order granting a motion for return of raw data obtained from the forensic imaging of a portable electronic device or of a computer shall include a provision that a law enforcement agency may not retain a copy of the raw data to be returned.
(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 § 112; 2015 c.613 § 3]
[Amended by 1961 c.289 § 1; 1965 c.508 § 5; 1973 c.836 § 139; renumbered 135.085]