Oregon Statutes 146.107 – Authority to enter and secure certain premises; court order
(1) A medical examiner, medical-legal death investigator or district attorney may enter any room, dwelling, building or other place in which the medical examiner, medical-legal death investigator or district attorney has reasonable cause to believe that a body or evidence of the circumstances of death requiring investigation may be found.
Terms Used In Oregon Statutes 146.107
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(2) If refused entry, the medical examiner, medical-legal death investigator or district attorney may apply to any judge authorized to issue search warrants for an order to enter such premises, search for and seize a body or any evidence of the cause or manner of death.
(3) Upon application supported by an affidavit setting forth facts and circumstances tending to show that a body or such evidence of death is in the place to be searched, the judge shall issue such order to enter and search and seize.
(4) To preserve evidence, a medical examiner, medical-legal death investigator or district attorney may:
(a) Place under the custody or control of the medical examiner, medical-legal death investigator or district attorney, or enclose or lock any room, dwelling, building or other enclosure for a period of not more than five days.
(b) Rope off or otherwise restrict entry to any open area.
(c) Forbid the entrance of any unauthorized person into the area specified under paragraphs (a) and (b) of this subsection.
(5) No person shall enter upon the enclosures or areas specified in subsection (4) of this section without the permission of the medical examiner, medical-legal death investigator or district attorney. [1973 c.408 § 15; 2017 c.151 § 16]