Arrest and Related Procedures
- exception for domestic disturbance
- notice of rights
(1)A peace officer may issue a criminal citation to a person if the peace officer has probable cause to believe that the person has committed a misdemeanor or has committed any felony that is subject to misdemeanor treatment under ORS 161.705 (Reduction of certain felonies to misdemeanors). The peace officer shall deliver a copy of the criminal citation to the person. The criminal citation shall require the person to appear at the court of the magistrate before whom the person would be taken pursuant to ORS 133.450 (Return of arrest warrant) if the person were arrested for the offense.
(2)(a) Notwithstanding the provisions of subsection (1) of this section, when a peace officer responds to an incident of domestic disturbance and has probable cause to believe that an assault has occurred between family or household members, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735), or to believe that one such person has placed the other in fear of imminent serious physical injury, the officer shall arrest and take into custody the alleged assailant or potential assailant.
(b)When the peace officer makes an arrest under paragraph (a) of this subsection, the peace officer is not required to arrest both persons.
(c)When a peace officer makes an arrest under paragraph (a) of this subsection, the peace officer shall make every effort to determine who is the assailant or potential assailant by considering, among other factors:
(A)The comparative extent of the injuries inflicted or the seriousness of threats creating a fear of physical injury;
(B)If reasonably ascertainable, the history of domestic violence between the persons involved;
(C)Whether any alleged crime was committed in self-defense; and
(D)The potential for future assaults.
(d)As used in this subsection, “assault” includes conduct constituting strangulation under ORS 163.187 (Strangulation).
(3)Whenever any peace officer has reason to believe that a family or household member, as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735), has been abused as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735) or that an elderly person or a person with a disability has been abused as defined in ORS 124.005 (Definitions for ORS 124.005 to 124.040), that officer shall use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community and giving each person immediate notice of the legal rights and remedies available. The notice shall consist of handing each person a copy of the following statement:
[1969 c.244 §2; 1977 c.845 §1; 1981 c.779 §1; 1991 c.303 §1; 1995 c.666 §23; 1997 c.707 §28; 1999 c.617 §1; 1999 c.738 §8; 1999 c.1051 §54; 2003 c.264 §8; 2007 c.70 §33; 2007 c.125 §7; 2011 c.595 §53b; 2011 c.666 §3]
Notes of Decisions
Where police officer issues criminal citation, subsequent filing of information by district attorney is continuation of same prosecution. State v. Anglin, 227 Or App 325, 206 P3d 193 (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
53 OLR 278 (1974); 85 OLR 325 (2006)