Arrest and Related Procedures

ORS 133.005
Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450


As used in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) to 133.400 (Recording of custodial interviews of adults) and 133.410 (Short title) to 133.450 (Return of arrest warrant), unless the context requires otherwise:

(1)

“Arrest” means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A “stop” as authorized under ORS 131.605 (Definitions for ORS 131.605 to 131.625) to 131.625 (Frisk of stopped persons) is not an arrest.

(2)

“Federal officer” means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty.

(3)

“Peace officer” means:

(a)

A member of the Oregon State Police;

(b)

A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);

(c)

An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state;

(d)

An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon;

(e)

A humane special agent as defined in ORS 181A.345 (Humane special agents to enforce animal welfare laws under direction of law enforcement agency);

(f)

A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2);

(g)

An authorized tribal police officer as defined in ORS 181A.680 (Definitions for ORS 181A.680 to 181A.692); or

(h)

A judicial marshal appointed under ORS 1.177 (State plan for security, emergency preparedness and business continuity for court facilities) who is trained pursuant to ORS 181A.540 (Certification of judicial marshals).

(4)

“Reserve officer” means an officer or member of a law enforcement agency who is:

(a)

A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010 (Authorization to establish master plans and service districts), the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police;

(b)

Armed with a firearm; and

(c)

Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 §62; 1979 c.656 §1; 1981 c.808 §1; 1991 c.67 §25; 1993 c.254 §1; 1995 c.651 §6; 2009 c.11 §8; 2011 c.506 §7; 2011 c.641 §1; 2011 c.644 §§13,39; 2012 c.54 §§6,7; 2012 c.67 §§3,4; 2013 c.154 §§4,5; 2013 c.180 §8,9; 2015 c.174 §4; 2015 c.614 §§137,138]

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

Atty. Gen. 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)


Source

Last accessed
Jun. 26, 2021