Or. Admin. Code § 291-028-0110

Current through Register Vol. 64, No. 1, January 1, 2025

Section 291-028-0110 - General Guidelines

(1) Searches in accordance with these rules may be conducted in the reasonable pursuit of correctional objectives or for the purposes of officer safety, protection of the public, or reformation of the adult on supervision.

(2) An adult on supervision shall be given notice at the time of review of the conditions of supervision that failure to give consent to a search based upon reasonable grounds may result in arrest or revocation.

(3) Consent to search must be given at the time of the search by the person to be searched or the person who has authority over the premises, property, or vehicle to be searched. No person may consent to search property under the exclusive control of another person.

(4) A person who consented to a search has the right to limit the areas to be searched or to withdraw their consent to search at any time during the search. If that occurs, the scope of the search shall be immediately limited or discontinued. If the adult on supervision substantially limits or withdraws consent, they may be arrested for violation of the search condition if reasonable grounds exist.

(5) A search may be conducted by a parole and probation officer or by a representative of the officer who is assisting at the officer's request.

(6) An officer shall direct the adult on supervision to remain in an area of limited access while the search is in progress in order to preserve evidence and for the protection of search personnel.

(7) Property defined as contraband or otherwise subject to seizure under ORS 133.535, things possessed in violation of supervision conditions, and unclaimed goods or property taken for safekeeping may be seized during the search. Adults on supervision shall be provided with a receipt detailing any property seized pursuant to this rule.

(8) Photographic documentation of a violation may be used as evidence.

(9) Contraband, things subject to seizure under ORS 133.535, and things possessed in violation of supervision conditions that are observed in plain view during the course of a contact or prior to requesting permission to search may be seized.

Or. Admin. Code § 291-028-0110

DOC 7-2006, f. & cert. ef. 7-24-06; DOC 15-2017, amend filed 11/01/2017, effective 11/1/2017; DOC 2-2024, amend filed 02/26/2024, effective 2/26/2024

Statutory/Other Authority: 144.404 - 144.409, 179.040, 423.020, 423.030 & 423.075

Statutes/Other Implemented: 144.404 - 144.409, 179.040, 423.020, 423.030 & 423.075