OregonOregon law lets people sue over certain warrantless property entries
Oregon law lets people with a reasonable expectation of privacy sue over certain warrantless entries and seek damages or other court relief.
What it does
People with a reasonable expectation of privacy may sue over an entry under color of law without a court-issued warrant, unless a recognized warrant exception applies.
A person who wins may receive damages, other court relief, and reasonable legal fees; a defendant may also receive fees for defending claims the court finds frivolous.
A person cannot use this section to sue someone who may be sued for the same injury under federal civil rights law, including covered law enforcement agencies and officers.
Argument forPeople whose private property is entered without a court-issued warrant or a recognized exception could seek money or other court relief.
Argument againstPeople bringing claims under this section could face legal fees if a court finds their claims frivolous, because the court may award fees to the defendant.
More detail
An owner, occupant, or person lawfully on property with a reasonable expectation of privacy may sue an individual who enters under color of law without a court-issued warrant. The law defines property to include buildings, land, certain vehicles, places of worship, schools, medical facilities, and any place where a person has a reasonable expectation of privacy. A recognized exception to the warrant requirement must not apply.
A plaintiff who wins may recover damages, court orders, and other appropriate relief. The court must award a winning plaintiff reasonable legal fees and costs. These remedies apply to actions under this section. In an injunction case, a plaintiff counts as winning if the suit was a substantial factor or significant catalyst in getting the result sought. The court may award a defendant reasonable fees and costs for defending claims it finds frivolous.
A person may not bring an action under this section against someone who may be sued for the same injury under federal civil rights law. The limit applies to actions under this section against a person subject to suit for the injury under 42 U.S.C. 1983. This limit includes people subject to suit under 42 U.S.C. 1983, including law enforcement agencies and officers. A person must start an action under this section within two years after the claim arises.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 6Chapter 58, (2026 Laws): Effective date March 31, 2026.Latest
- Mar 31Governor Tina Kotek signed.Became Law
- Mar 7President signed.Major
- Mar 6Speaker signed.Major
- Mar 5Third reading. Carried by Prozanski. Passed.Passed Senate
- Vote recorded Third reading. Carried by Prozanski. Passed. Result: pass.Upper
- Vote recorded Motion to substitute Minority Report for Committee Report failed. Result: fail.Upper
- Mar 5Motion to substitute Minority Report for Committee Report failed.
- Mar 4Second reading.Minor
- Mar 3Minority Recommendation: Do pass with amendments to the A-Eng. bill. (Printed B-Eng Minority)Minor
- Mar 3Recommendation: Do pass the A-Eng bill.Minor
- Feb 25Work Session held.
- Vote recorded Heard and Reported Out. Result: pass.Upper
- Feb 23Public Hearing held.
- Feb 19Referred to Judiciary.Minor
- Feb 19First reading. Referred to President's desk.Minor
- Feb 18Third reading. Carried by Munoz, Chotzen. Passed.Passed House
- Vote recorded Third reading. Carried by Munoz, Chotzen. Passed. Result: pass.Lower
- Vote recorded Motion to substitute Minority Report for Committee Report failed. Result: fail.Lower
- Feb 18Motion to substitute Minority Report for Committee Report failed.
- Feb 17Second reading.Minor
- Feb 16Minority Recommendation: Do pass with different amendments and be printed A-Engrossed.Minor
- Feb 16Recommendation: Do pass with amendments and be printed A-Engrossed.Minor
- Feb 11Work Session held.
- Vote recorded Heard and Reported Out with Amendments. Result: pass.Lower
- Feb 4Public Hearing held.
- Feb 2Referred to Judiciary.Minor
- Feb 2First reading. Referred to Speaker's desk.Introduced
Civil Rights & VotingCriminal Justice