Filipetti v. Department of Fish & Wildlife

Defendant, Oregon Department of Fish and Wildlife (ODFW), appeals from a trial court order directing ODFW to return to plaintiffs, James Filipetti and Francesca Mantei, one black-tailed doe named “Snowball” (the doe). After the doe had been seized from plaintiffs’ property pursuant to a search warrant, plaintiffs sought to recover the doe by filing a motion under ORS 133.633 for “return or restoration of things seized.” The trial court granted that motion, and, on appeal, ODFW contends that the court erred because plaintiffs failed to establish a “valid claim to rightful possession” of the…