Article XV, Section 10 (part 2) of the Oregon State Constitution

In this post, we continue to look at Section 10 of Article XV of the Oregon State Constitution.  Article XV is entitled "Miscellaneous".  Section 10 is entitled "The Oregon Property Protection Act of 2000".  As far as I have read about this, I don't understand how it protects any property since so far it has been entirely about under what conditions property can be seized or forfeited.  Last post we covered subsections (1) through (8) and in this post we will cover (9) through (16).

Subsection (9)

This subsection considers that in all cases, contraband, that is items illegal to be in someone's possession can be seized without a conviction.

Subsection (10)

This subsection creates an exception for animals such that animals can be seized per other laws and as such do not require a conviction.

Subsection (11)

This subsection clarifies that in no way is the intent of the law to nullify any existing police or law enforcement power to seize property for evidentiary or other purposes.  This clause is the clear smoking gun that the title of this section is essentially apocryphal.

Subsection (12)

This subsection defines to whom the proceeds of sale for any seized property is to go.  In this case, this is clearly at odds with Article, section 43 which discusses restitution to victims.  The  money raised through the sale has to pay back any liens firstly, but then the state or agency pockets the rest of the money to reimburse expenses and for drug treatment programs.

Subsection (13)

This subsection defines the circumstances under which forfeiture proceedings can be transferred to Federal law enforcement or other agencies.  Essentially if Federal officials have an interest, they must take the State to court.

Subsection (14)

This subsection has a lot of words that seem to say very little.  It imposes a penalty on anyone who tries to obstruct the seizure.

Subsection (15)

This subsection requires that an annual report is generated regarding forfeitures and the disposition of property seized.

Subsection (16)

This subsection is a catchall statement that should something be found unconstitutional, it only invalidates that parts and not the entire section.