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OR: No right to possession of seized deer illegally hunted

By John Wesley Hall, Jr.

On a motion to reclaim seized property, "[w]e thus conclude that a party seeking to compel the return or restoration of seized property based on a 'valid claim to rightful possession' pursuant to ORS 133.643(4) must establish that (1) the item is 'no longer needed for evidentiary purposes' and (2) the person is 'entitled' to the return or restoration of--that is, can lawfully possess--the item sought to be recovered." Claimant was not entitled to a deer shot without a hunting license. In re One Black-Tailed Doe Deer Named "Snowball" (Filipeti v. Dep't of Fish & Wildlife), 2008 Ore. App. LEXIS 1718 (November 26, 2008).* Stop was not unreasonably extended when officer found a warrant on the passenger. Drug dog arrived nine minutes later. Henderson v...continue to full post

Full post as published by Fourth Amendment on November 29, 2008 (boomark / email).