ORS § 133.575

Current through 2024 Regular Session legislation effective March 27, 2024
Section 133.575 - Execution of warrant
(1) Except as provided in ORS 136.583, a search warrant may be executed only within the period and at the times authorized 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. Other persons may include, but are not limited to:
(a) Civil enforcement officers;
(b) Victim services providers;
(c) Law enforcement agency personnel other than police officers;
(d) Employees of a utility company;
(e) The State Fire Marshal and assistants to the State Fire Marshal, as described in ORS 476.060;
(f) Employees of a county animal shelter or other animal care agency;
(g) Towers;
(h) Personnel from federal, state or local regulatory agencies;
(i) Emergency medical services providers, as defined in ORS 682.025; and
(j) Contractors and other persons assisting with the destruction of waste.
(2) The executing officer shall, before entering the premises, give appropriate notice of the identity, authority and 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 ORS 133.619, before undertaking any search or seizure pursuant to the warrant, the executing officer shall 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 shall leave a copy of the warrant suitably affixed to the premises.

ORS 133.575

Amended by 2023 Ch. 216, § 3, eff. 6/12/2023.
1973 c.836 §86; 1989 c.983 §4; 2009 c. 617, § 2