§ 142.010 Officer’s custody of stolen property is subject to order of magistrate or court

If police recover property that was allegedly stolen, they don't just get to keep it or hand it back right away. They have to hold onto it and wait for instructions from a judge or the court about what to do with it.

This rule protects everyone involved in a criminal case. The property might be needed as evidence, so it has to stay in police custody until a judge decides it's okay to return it or otherwise handle it. This means if you had property stolen and police recover it, you may need to wait for a court order before you get it back, even though it belongs to you.

The point of this rule is to keep evidence safe and make sure property isn't returned or disposed of too soon, which could hurt a criminal case. A separate rule, ORS 142.020, spells out exactly how and when a judge can order the property released.