Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450
Source:
Section 133.005 — Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450, https://www.oregonlegislature.gov/bills_laws/ors/ors133.html.
See also annotations under ORS 133.210 and 133.250 in permanent edition.
Notes of Decisions
Nonviolent flight from attempted arrest is not criminal, and thus evidence was insufficient to sustain escape charge where defendant was convicted of driving under influence of intoxicants and third degree escape. State v. Swanson, 34 Or App 59, 578 P2d 411 (1978)
Where defendant entered house in process of being searched, officers took defendant to kitchen, advised him of rights, “patted him down,” and took his money and car keys from his pockets, defendant was “arrested” as defined in this section. State v. Groda, 285 Or 321, 591 P2d 1354 (1979)
Once defendant was taken out of car and frisked, any concern about immediate danger to police officers dissipated, and defendant was arrested within meaning of this section when he was subsequently handcuffed and placed in patrol car. State v. Morgan, 106 Or App 138, 806 P2d 713 (1991), Sup Ct review denied; State v. Koester, 117 Or App 139, 843 P2d 968 (1992), Sup Ct review denied
Where officer failed to follow procedure for frisking stopped person and there was no reason to believe doing so would be futile, use of handcuffs constituted arrest rather than precaution for officer safety. State v. Johnson, 120 Or App 151, 851 P2d 1160 (1993), Sup Ct review denied
Requirement that action be for purpose of charging offense applies both to placing person under actual or constructive restraint and to taking person into custody. State v. Pierce, 226 Or App 224, 203 P3d 290 (2009), Sup Ct review denied
Attorney General Opinions
Authority of Oregon Liquor Control Commission to arrest or issue citation, (1974) Vol 36, p 1066
Law Review Citations
10 WLJ 30 (1973); 50 WLR 291 (2014)
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