Oregon Law
Law as of Jan 1, 2026
Chapter contents
404.095“Search and rescue” not to include urban search and rescue 404.100Search and Rescue Coordinator; appointment; duties 404.105Program for air search and rescue 404.110Search and rescue activities; responsibilities of sheriff; delegation of sheriff’s duties 404.115Restriction of access to search and rescue area 404.120County sheriff to adopt search and rescue plan; contents; annual review 404.125Critique of search and rescue incident; filing amended search and rescue plan with Oregon Department of Emergency Management 404.130Search and rescue incident number 404.135Investigative subpoena 404.200Definitions for ORS 404.200 to 404.215 404.205Application 404.210Coverage under Oregon Tort Claims Act 404.215Workers’ compensation coverage 404.250Leave of absence from employment for search and rescue volunteer 404.255Definitions 404.257Required disclosures by private search parties 404.260Required notification to county sheriff 404.265Imposition of civil penalties by county 404.270Reimbursement of public body for search and rescue by benefited persons; amount; exceptions 404.300Definitions for ORS 404.300 to 404.315 404.305Assumption of risk of wilderness travel or mountain climbing; use and effect of electronic signaling devices 404.310Required equipment when guiding children above timberline 404.315Exemption from liability for electronic signaling device; exceptions 404.325Posting of emergency contact telephone number 404.350Rescue of companion animal 404.400Agreement for outdoor recreation search and rescue card program 404.410Requirements of program; search and rescue grants; reporting

Chapter 404 — Search and Rescue

ORS 404.135 Investigative subpoena

(1)

If a peace officer has probable cause to believe that an individual is missing and in danger, the officer may request that the Attorney General, a district attorney or a city or county attorney execute in writing and cause to be served, in the manner provided by ORCP 7, an investigative subpoena as described in this section.

(2)(a)

If a person is unlikely to comply with an investigative subpoena issued under subsection (1) of this section in a timely manner or has already refused to comply with such a subpoena, a peace officer may petition the circuit court in and for the county in which the investigation is pending for a court order as described in this section.

(b)

The court may hold a hearing on the petition upon request or upon its own motion. If the petitioner demonstrates that the person is unlikely to comply or has refused to comply with an investigative subpoena, the court may issue the order.

(c)

Upon issuance of a court order under this subsection, the petitioner shall cause the order to be served in the manner described in ORCP 7.

(3)

An investigative subpoena or court order issued under this section must include notice of the provisions of subsections (5) and (6) of this section.

(4)

An investigative subpoena or court order issued under this section may be directed toward any person that is believed, by the Attorney General, the district attorney, the city or county attorney or the circuit court judge, to have information, documents or physical evidence that may be useful in locating the missing individual.

(5)

Subject to subsection (6) of this section, the investigative subpoena or court order may require the person, under oath or otherwise, to appear and testify, to answer written interrogatories or to produce documents or physical evidence for examination, at a reasonable time and place as may be stated in the subpoena or court order, to further the investigation into the whereabouts of the missing individual.

(6)

A person that receives a subpoena or court order issued under this section may apply to the circuit court in and for the county in which the investigation is pending for a protective order, modification or other relief from the subpoena or court order. An application under this subsection may also assert the person’s constitutional right against self-incrimination or any other right.

(7)

Information, documents or physical evidence obtained pursuant to this section may not be used for criminal investigation or prosecution of the missing individual.

(8)

This section does not alter the status of information, documents or physical evidence disclosed. Notwithstanding disclosure for the purpose of locating a missing individual, confidential information, documents or physical evidence retain their confidential status.

QUALIFIED SEARCH AND RESCUE VOLUNTEERS

(Definitions)

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.