Obtaining information from portable electronic devices
ORS > Procedural Statutes > Search & Seizure > 133.539
(2) a law enforcement agency may not use forensic imaging to obtain information contained in a portable electronic device except
(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)
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