Evidence of the contents of any wire or oral communication intercepted:
(1) In violation of ORS 165.540 shall not be admissible in any court of this state, except as evidence of unlawful interception.
(2) Under ORS 165.540 (2)(a) shall not be admissible in any court of this state unless:
(a) The communication was intercepted by a public official in charge of and at a jail, police premises, sheriff’s office, Department of Corrections institution or other penal or correctional institution; and
(b) The participant in the communication, against whom the evidence is being offered, had actual notice that the communication was being monitored or recorded. [1955 c.675 §6; 1959 c.681 §5; 1979 c.716 §12; 1983 c.824 §4; 1993 c.178 §1; 2001 c.385 §5]
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