ORS 144.407: Grounds for valid claim to rightful possession.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
A petition for the return or restoration of things seized shall be based on the ground that the petitioner has a valid claim to rightful possession because: (1) The things had been stolen or otherwise converted and the petitioner is the owner or rightful possessor; (2) The things seized were not, in fact, subject to seizure in connection with the suspected supervision violation; (3) Although the things seized were subject to seizure in connection with a suspected supervision violation, the petitioner is or will be entitled to their return or restoration upon a determination by the Department of Corrections, the State Board of Parole and Post-Prison Supervision or a court that they are no longer needed for evidentiary purposes, do not constitute a supervision violation or may be lawfully possessed by the petitioner; or (4) The suspected supervision violator and the department have stipulated that the things seized may be returned to the petitioner. [1991 c.286 §4; 2021 c.206 §4]
Official history and status
History: Note: See note under 144.404.
Administrative rules citing this section
- OAR 291-028-0100: Authority, Purpose, and Policy — implements
- OAR 291-028-0100: Authority, Purpose, and Policy — authority
- OAR 291-028-0115: Handling of Seized or Found Property — implements
This rule cites
No citations extracted.
Cited by
No inbound citations found.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors144.html