Chapter 165 — Offenses Involving Fraud or Deception

ORS 165.542 Reports required concerning use of electronic listening device

(1)

Within 30 days after the use of an electronic listening device under ORS 133.726 (7) or 165.540 (5)(a), the law enforcement agency using the device shall report to the district attorney of the county in the agency’s jurisdiction:

(a)

The number of uses of the device and duration of the interceptions made by the law enforcement agency;

(b)

The offense investigated;

(c)

The identity of the law enforcement agency intercepting the communication; and

(d)

Whether the person wearing the device was a law enforcement officer or a person under the supervision of the officer and the number of persons in each category who wore the device.

(2)

During January of each year, the district attorney of a county in which electronic listening devices were used under ORS 133.726 (7) or 165.540 (5)(a) shall report to the Department of Justice:

(a)

The information required by subsection (1) of this section with respect to the use of electronic listening devices during the preceding calendar year; and

(b)

The aggregate number of instances in which electronic listening devices have been used in the county under ORS 133.726 (7) or 165.540 (5)(a) during the preceding calendar year.

(3)

The law enforcement agency shall include as part of the case file any use of electronic listening devices under ORS 133.726 (7) or 165.540 (5)(a).

(4)

During April of each odd-numbered calendar year, the Department of Justice shall transmit to the Legislative Assembly a report including a summary of the information required by subsections (1) and (2) of this section.

(5)

Failure to comply with the reporting requirements of this section shall not affect the admissibility of evidence.