(1) In lieu of making an arrest or issuing a citation, a law enforcement officer may deliver a warning notice to a person or business that the officer has probable cause to believe has sold or otherwise delivered a precursor substance in violation of ORS 475.840 to 475.980 whenever the officer reasonably believes that the public interest will be adequately served under the circumstances by issuance of a written warning notice. The notice must be in substantially the following form:
______________________________________________________________________________
WARNING NOTICE
Please Read this Notice Carefully!!!
TO: ________ (name of person or business)
DATE: ________ (date of notice)
FROM: ________ (name of law enforcement agency)
RE: ________ (name of precursor substance or product)
The undersigned law enforcement officer has probable cause to believe that on ___________ (date of violation), you sold or otherwise delivered a quantity of the precursor substance identified above in violation of the laws of the State of Oregon.
This warning notice has been given to you in lieu of formal action concerning that violation. Please be aware that any further violation may result in formal action being taken against you, which may include, but is not limited to, the filing of an action in circuit court seeking a court order prohibiting you from selling or delivering any quantity of one or more precursor substances to any person.
__________________
Law Enforcement Officer
______________________________________________________________________________
(2) A warning notice issued by a law enforcement officer under subsection (1) of this section shall be personally delivered to the person named in the notice, or personally delivered to the person in charge of the business named in the notice. [2003 c.448 §6]
Section: Previous 475.912 475.914 475.916 475.918 475.920 475.940 475.945 475.947 475.949 475.950 475.955 475.960 475.962 475.965 475.967 NextLast modified: August 7, 2008