Arrest and Related Procedures

ORS 133.033
Peace officer

  • community caretaking functions


(1)

Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions.

(2)

As used in this section, “community caretaking functions” means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. “Community caretaking functions” includes, but is not limited to:

(a)

The right to enter or remain upon the premises of another if it reasonably appears to be necessary to:

(A)

Prevent serious harm to any person or property;

(B)

Render aid to injured or ill persons; or

(C)

Locate missing persons.

(b)

The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:

(A)

Prevent serious harm to any person or property;

(B)

Render aid to injured or ill persons; or

(C)

Locate missing persons.

(3)

Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law. [1991 c.959 §1; 2011 c.506 §9; 2011 c.644 §14]

Notes of Decisions

Police action "reasonably appears to be necessary" if action in remaining on premises is logically unavoidable or absolutely needed to accomplish goal of preventing serious harm to person or property. State v. Goodall, 219 Or App 325, 183 P3d 199 (2008)

Where police action to prevent serious harm includes warrantless search of home, search must fall within recognized exception to warrant requirement. State v. Goodall, 219 Or App 325, 183 P3d 199 (2008)

Lawful community caretaking search requires that search be type of action authorized under this section and fall within constitutional exception to search warrant requirement. State v. Martin, 222 Or App 138, 193 P3d 993 (2008), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021