Arrest and Related Procedures

ORS 133.110

  • citation

If an information or a complaint has been filed with the magistrate, and the magistrate is satisfied that there is probable cause to believe that the person has committed the crime specified in the information or complaint, the magistrate shall issue a warrant of arrest. If the offense is subject to issuance of a criminal citation under ORS 133.055 (Criminal citation), the court may authorize a peace officer to issue and serve a criminal citation in lieu of arrest. [Amended by 1969 c.244 §3; 1973 c.836 §68; 1983 c.661 §4; 1999 c.1051 §66]

Completed Citations

State v. Redeman, 6 Or App 205, 485 P2d 655 (1971)

Law Review Citations

7 WLJ 456 (1971)

§§ 133.110 to 133.140

Notes of Decisions

Where plaintiff was mistakenly arrested following computer retrieval of identifying and locator data for an individual of similar name, demurrer as to 3 of defendants was properly sustained because plaintiff failed to allege sufficient facts from which duty to plaintiff could be discerned and summary judgment as to 2 of defendants was improperly allowed because affidavits did not reveal whether defendants' acts were discretionary or ministerial. Murphy v. City of Portland, 36 Or App 745, 585 P2d 732 (1978)


Last accessed
Jun. 26, 2021