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ORS 133.653

Applied in 8 court decisions — leading case Emery v. State (1984)

Most recently applied in Moodenbaugh v. OSP (September 2025)

1973 c.836 §112; 2015 c.613 §3

How often courts cite this section

197619801990200020102020202510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the things in question need no longer remain available for evidentiary use.

(2) An order granting a motion for return or restoration of things seized shall be reviewable on appeal in regular course. An order denying such a motion or entered under ORS 133.663 shall be reviewable on appeal upon certification by the court having custody of the things in question that they are no longer needed for evidentiary purposes.

(3)(a) An order granting a motion for return of raw data obtained from the forensic imaging of a portable electronic device or of a computer shall include a provision that a law enforcement agency may not retain a copy of the raw data to be returned.

(b) As used in this subsection, “forensic imaging,” “portable electronic device” and “raw data” have the meanings given those terms in ORS 133.539.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.