General definitions
Source:
Section 131.005 — General definitions, https://www.oregonlegislature.gov/bills_laws/ors/ors131.html.
See also annotations under ORS 133.010 in permanent edition.
Notes of Decisions
Misdemeanors may be charged in circuit court pursuant to this section. State v. Jones, 30 Or App 873, 569 P2d 19 (1977), Sup Ct review denied
Phrase “as otherwise authorized by law” applies specifically to an information charging a felony, which is authorized only if constitutional provisions are satisfied. State v. Jones, 30 Or App 873, 569 P2d 19 (1977), Sup Ct review denied
Uniform traffic citation and complaint is “complaint” within meaning of this section. State v. Riggs, 35 Or App 571, 582 P2d 457 (1978), Sup Ct review denied
Extradition case is “criminal proceeding” as defined by this section. State ex rel Roby v. Mason, 284 Or 427, 587 P2d 94 (1978)
Where district attorney did not sign complaint in criminal action as statute requires, technical violation is inconsequential because prosecution of complaint to guilty verdict shows district attorney did not regard complaint as frivolous. State v. Holdner, 96 Or App 445, 772 P2d 1382 (1989), Sup Ct review denied
Officer had probable cause to arrest defendant for unlawful entry of vehicle because defendant’s suspicious behavior, defendant’s inability to establish connection between defendant and car, defendant’s failure to identify person she was supposedly waiting for and officer’s knowledge of recent car prowls provided substantial objective basis for believing it was more likely than not defendant had committed crime. State v. Codr, 99 Or App 417, 782 P2d 442 (1989)
Type of bag, bag’s obvious weight and sound made when bag was dropped gave officer probable cause to arrest defendant for carrying concealed weapon. State v. Anfield, 313 Or 554, 836 P2d 1337 (1992)
Where officers observed what appeared to be drug deal, there was probable cause for arrest, not merely investigatory stop. State v. Mendoza, 123 Or App 237, 858 P2d 1350 (1993)
1997 amendment of definition for “criminal action,” deleting reference to being tried for offense, is intended to allow collection of fees in criminal actions not concluded by trial and does not expand term to include proceedings other than those before trial court. State v. Meyers, 153 Or App 551, 958 P2d 187 (1998)
To establish probable cause, state only needs to prove that, more likely than not, defendant had requisite mental state to commit crime. State v. Rayburn, 246 Or App 486, 266 P3d 156 (2011), Sup Ct review denied
Law Review Citations
7 WLJ 456 (1971)
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