Search on Unlocked Car Without Notification

[jabzag]

My question involves police conduct in the State of: OR

Can police confiscate a lap top from an unlocked vehicle without apprising the owner in some way that it has been taken for an investigation? In this case the owner would be homeless, living in his car, with no real way to contact him via phone, mail, etc. Would the police at least need to leave a notice or search warrant affidavit in the person’s vehicle?

[PayrolGuy]

If you weren't there how do you even know the police took it?

[flyingron]

You don't leave "affidavits" with the search in any circumstance. They are presented to the court to get the warrant. There's no need to leave any notice behind if they take things pursuant to a search warrant. The inventory again is filed with the court.

There are certain circumstances where a warrant may not have been necessary.

As PG points out, how do you know the police did any of this?

[cdwjava]

My question involves police conduct in the State of: OR

Can police confiscate a lap top from an unlocked vehicle without apprising the owner in some way that it has been taken for an investigation? In this case the owner would be homeless, living in his car, with no real way to contact him via phone, mail, etc. Would the police at least need to leave a notice or search warrant affidavit in the person’s vehicle?

If the item was taken pursuant to a search warrant, the police should have left a receipt and a copy of the search warrant. At least, this is the practice in those states where I am aware of the process. Whether the police in Oregon are required to leave a receipt or a copy of the warrant, I cannot say. Though, I cannot readily conceive a situation where there might be a search warrant issued for a homeless person's car. I can hypothesize, to be certain, but it seems unlikely. At the very least they should have left a receipt for the item. The more likely scenario is that it was observed by a passerby and stolen.

[pg1067]

Can police confiscate a lap top from an unlocked vehicle without apprising the owner in some way that it has been taken for an investigation?

Yes.

Would the police at least need to leave a notice or search warrant affidavit in the person’s vehicle?

No.

[Mercy&Grace]

How do you know the police took your laptop ? It sounds more like someone stole it from.you car. Why would the police be interested in what is on your laptop ? Do.you use your laptop to engage in illegal activity?

[cdwjava]

More than likely the laptop was stolen.

Like other states, OR requires the officer leave a copy of the warrant and a receipt of the items taken.

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.

(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. [1973 c.836 §86; 1989 c.983 §4; 2009 c.617 §2]

133.585 [1973 c.836 §87; repealed by 1997 c.313 §37]

133.595 List of things seized. Except as provided in ORS 133.619, promptly upon completion of the search, the officer shall make a list of the things seized, and shall deliver a receipt embodying the list to the person from whose possession they are taken, or the person in apparent control of the premises or vehicle from which they are taken. If the vehicle or premises are unoccupied or there is no one present in apparent control, the executing officer shall leave the receipt suitably affixed to the vehicle or premises. [1973 c.836 §88; 1989 c.983 §5]