(1) except as provided in 136.583 (Seizure or production of papers, documents or records from recipient), a search warrant may be executed only within the period and at the times authorised by the warrant and only by a police officer. A police officer charged with its execution may be accompanied by such other persons as may be reasonably necessary for the successful execution of the warrant with all practicable safety

(2) the executing officer will, before entering the premises, give appropriate notice of the identity, authority & purpose of the officer to the person to be searched, or to the person in apparent control of the premises to be searched, as the case may be

(3) except as provided in 133.619 (Execution of warrant authorizing mobile tracking device), before undertaking any search or seizure pursuant to the warrant, the executing officer will read and give a copy of the warrant to the person to be searched, or to the person in apparent control of the premises to be searched. If the premises are unoccupied or there is no one in apparent control, the officer will leave a copy of the warrant suitably affixed to the premises

(1)• A search warrant may be issued only by a judge.

• A search warrant issued by a judge of the Supreme Court or the Court of Appeals may be executed anywhere in the state.

• Except as otherwise provided in paragrapsh (2), (3) and (4), a search warrant issued by a judge of a circuit court may be executed only within the judicial district in which the court is located.

• A search warrant issued by a justice of the peace may be executed only within the county in which the justice court is located.

• A search warrant issued by a municipal judge authorized to exercise the powers and perform the duties of a justice of the peace may be executed only in the municipality in which the court is located.

(2) Regardless of paragraph (1), a circuit court judge may authorize execution of a search warrant outside the judicial district in which the court is located, if the judge finds from the application that one or more of the objects of the search relate to an offense committed or triable within the judicial district in which the court is located. If the warrant authorizes the installation or tracking of a mobile tracking device, the officer may track the device in any county to which it is transported.

(3) Regardless of paragraph (1), a circuit court judge duly assigned pursuant to 1.615 (Appointment pro tempore to tax court or circuit court) to serve as a judge pro tempore in a circuit court may authorize execution of a search warrant in any judicial district in which the judge serves as judge pro tempore if the application requesting the warrant includes an affidavit showing that a regularly elected or appointed circuit court judge for the judicial district is not available, whether by reason of conflict of interest or other reason, to issue the warrant within a reasonable time.

(4) In addition to the procedure set out in paragraph (7), the proposed warrant and the affidavit may be sent to the court by facsimile transmission or any similar electronic transmission that delivers a complete printable image of the signed affidavit and proposed warrant. The affidavit may have a notarized acknowledgment, or the affiant may swear to the affidavit by telephone. If the affiant swears to the affidavit by telephone, the affidavit may be signed electronically. A judge administering an oath telephonically under this subsection must execute a declaration that recites the manner and time of the oath's administration. The declaration must be filed with the return

(a)(A) Criminal mistreatment in the first degree as described in 163.205 (criminal mistreatment 1) (1)(b)(D) or (E)

(B) Identity theft

(C) Aggravated identity theft

(D) Computer crime

(E) Fraudulent use of a credit card

(F) Forgery in any degree

(G) Criminal possession of a forged instrument in any degree

(H) Theft in any degree OR

(I) Aggravated theft in the first degree

(b) The objects of the search consist of financial records AND

(c) The person making application for the search warrant is not able to ascertain at the time of the application the proper place of trial for the offense described in paragraph (a).

(5) Application for a search warrant may be made only by a district attorney, a police officer or a special agent employed under 131.805 (Authority to employ special agents).

(6) The application shall consist of a proposed warrant in conformance with 133.565, and shall be supported by one or more affidavits particularly setting forth the facts and circumstances tending to show that the objects of the search are in the places, or in the possession of the individuals, to be searched. If an affidavit is based in whole or in part on hearsay, the affiant shall set forth facts bearing on any unnamed informant's reliability and shall disclose, as far as possible, the means by which the information was obtained.

(7) Instead of the written affidavit described in subsection (6) of this section, the judge may take an oral statement under oath. The oral statement shall be recorded and a copy of the recording submitted to the judge who took the oral statement. In such cases, the judge shall certify that the recording of the sworn oral statement is a true recording of the oral statement under oath and shall retain the recording as part of the record of proceedings for the issuance of the warrant. The recording shall constitute an affidavit for the purposes of this section. The applicant shall retain a copy of the recording and shall provide a copy of the recording to the district attorney if the district attorney is not the applicant.

(8)(a) In addition to the procedure set out in subsection (7) of this section, the proposed warrant and the affidavit may be sent to the court by facsimile transmission or any similar electronic transmission that delivers a complete printable image of the signed affidavit and proposed warrant. The affidavit may have a notarized acknowledgment, or the affiant may swear to the affidavit by telephone. If the affiant swears to the affidavit by telephone, the affidavit may be signed electronically. A judge administering an oath telephonically under this subsection must execute a declaration that recites the manner and time of the oath's administration. The declaration must be filed with the return

(b) When a court issues a warrant upon an application made under paragraph (a) of this subsection:

(A) The court may transmit the signed warrant to the person making application under subsection (5) of this section by means of facsimile transmission or similar electronic transmission, as described in paragraph (a) of this subsection. The court shall file the original signed warrant and a printed image of the application with the return.

(B) The person making application shall deliver the original signed affidavit to the court with the return. If the affiant swore to the affidavit by telephone, the affiant must so note next to the affiant's signature on the affidavit

Except as provided in 133.619 (Execution of warrant authorizing mobile tracking device), promptly upon completion of the search, the officer shall make a list of the things seized, and shall deliver a receipt embodying the list to the person from whose possession they are taken, or the person in apparent control of the premises or vehicle from which they are taken. If the vehicle or premises are unoccupied or there is no one present in apparent control, the executing officer shall leave the receipt suitably affixed to the vehicle or premises.

(2) a law enforcement agency may not use forensic imaging to obtain information contained in a portable electronic device except

(a) pursuant to a search warrant issued under 133.525 (Definitions) to OR

(b) as authorised by lawful consent

(3) information obtained in violation of this section:

(a) isn't admissible in and may not be disclosed in a judicial proceeding, administrative proceeding, arbitration proceeding or other adjudicatory proceeding, against either the owner of the portable electronic device or a person with a reasonable expectation of privacy in the contents of the device; AND

(b) may not be used to establish reasonable suspicion or probable cause to believe that an offense has been committed

(4) A portable electronic device that has been forensically imaged pursuant to paragraph (2) may be returned as described in 133.633 (Motion for return or restoration of things seized) and 133.643 (Ground for motion for return or restoration of things seized)

(5) paragraph (2) of this section doesn't apply to:

(a) A correctional facility, youth correction facility or state hospital, when the facility or state hospital obtains information from a portable electronic device in an otherwise lawful manner.

(b) A parole and probation officer, juvenile community supervision officer, community corrections agency or agency that supervises youth or youth offenders, when the officer or agency obtains information from a portable electronic device in an otherwise lawful manner

(4) A portable electronic device that has been forensically imaged pursuant to paragraph (2) may be returned as described in 133.633 (Motion for return or restoration of things seized) and 133.643 (Ground for motion for return or restoration of things seized)

the following are subject to search and seizure under |133.525 (Definitions...) to 133.703 (Identity of informants):

(1) evidence of or information concerning the commission of a criminal offense

(2) contraband, the fruits of crime, or things otherwise criminally possessed

(3) property that has been used, or is possessed for the purpose of being used, to commit or conceal the commission of an offense AND

(4) a person for whose arrest there is probable cause or who is unlawfully held in concealment

(1) in all cases of seizure, an agency that seizes property shall take reasonable steps to safeguard and protect the things seized against loss, damage and deterioration

(2) notwithstanding paragraph (1), an agency that seizes property is not liable for loss, damage or deterioration resulting from any reasonable actions taken to secure or develop evidence

(1) If a search warrant is not executed within the time specified by the warrant, the officer shall forthwith return the warrant to the issuing judge.

(2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date specified in the warrant, return the warrant to the issuing judge together with a signed list of things seized and setting forth the date and time of the search.

(3) Subject to the provisions of subsection (4) of this section, the issuing judge shall file the warrant and list returned to the judge, with the record of the proceedings on the application for the warrant made pursuant to ORS 133.555 (Hearing).

(4) If the issuing judge does not have jurisdiction to inquire into the offense in respect to which the warrant was issued or the offense apparently disclosed by the things seized, the judge shall transmit the warrant and the record of proceedings for its issuance, together with the documents submitted on the return, to the clerk of the appropriate court having jurisdiction to inquire into such offense.

A district attorney or peace officer charged with the enforcement of 167.212 (tampering with drug records) & 167.222 (frequenting a place where controlled substances are used), having personal knowledge or reasonable information that controlled substances are being unlawfully transported or possessed in any boat, vehicle or other conveyance, may search the same without warrant and without an affidavit being filed. If controlled substances are found in or upon such conveyance, the district attorney or peace officer may seize them, arrest any person in charge of the conveyance and as soon as possible take the arrested person and the seized controlled substances before any court in the county in which the seizure is made. The district attorney or peace officer shall also, without delay, make and file a complaint for any crime justified by the evidence obtained