§ 144.407 Grounds for valid claim to rightful possession
ORS Chapter 144: Parole; Post-Prison Supervision; Work Release; Clemency
Rule Text
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.
Amendment history: 1991 c.286 §4; 2021 c.206 §4 Note: See note under 144.404.