Because of recent legislative action, the forfeiture laws have made it more difficult for law enforcement to successfully seize items for forfeiture. However, the following is a list of property subject to forfeiture per ORS 475A.020.
While the majority of the following items are probably being seized as evidence of the crime, if your supervisor determines that an item or items may be beneficial to the agency, you can request that the item(s) be submitted for forfeiture. When in doubt please contact Washington County Counsel for instructions.
All controlled substances which have been manufactured, distributed, dispensed, possessed or acquired in the course of prohibited conduct;
All raw materials, products and equipment of any kind which are used, or intended for use, in providing manufacturing, compounding, processing, delivering, importing or exporting any service or substance in the course of prohibited conduct;
All property which is used, or intended for use, as a container for property described in subsection (1) or (2) of this section;
All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, to transport or in any manner facilitate the transportation, sale, receipt, possession or concealment of property described in subsection (1) or (2) or this section and all conveyances, including aircraft, vehicles or vessels which are used or intended for use in prohibited conduct or to facilitate prohibited conduct in any manner, except that:
No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited under the provisions of this section unless the owner or other person in charge of such conveyance was a consenting party or knew of and acquiesced in the prohibited conduct; and
No conveyance shall be forfeited under the provisions of this section by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States or of any state;
All books, records, computers and research, including formulae, microfilm, tapes and data which are used or intended for use to facilitate prohibited conduct in any manner;
All moneys, negotiable instruments, balances in deposit or other accounts, securities or other things of value furnished or intended to be furnished by any person in the course of prohibited conduct, all proceeds of or from prohibited conduct, and all moneys negotiable instruments, balances in deposit and other accounts and securities used or intended to be used to facilitate any prohibited conduct;
All real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit or facilitate in any manner the commission of prohibited conduct; and
All weapons possessed, used or available for use in any manner to facilitate conduct giving rise to forfeiture.
IMPOUNDING OFFICER PROCEDURES
Mark the item ‘F’ for Forfeiture in the item code box.
Contact the Forfeiture Clerk at the WIN Office immediately, (503) 672-9511. The proper paper work must be completed within 24 hours.
Package and submit the items according to this chapter and item.
EVIDENCE OFFICER PROCEDURES
STORAGE
Ensure proper packaging; refer to the example board in the evidence processing areas.
Place one barcode on the item and the corresponding barcode on the property receipt.
Place the item in a location best suited to the size of the item, and area specified by the evidence room guide.
Using the barcode reader, scan the location of the shelf and then scan the barcode that is affixed to the item.
Place the item in numerical order by case number.
DISPOSAL
Upon authorization or disposition of the case, notify WIN Forfeiture Clerk that property is available for disbursement.
Revised 11/05/03