Arrest and Related Procedures

ORS 133.120
Authority to issue warrant


(1)

A judge of the Supreme Court or the Court of Appeals may issue a warrant of arrest for any crime committed or triable within the state, and any other magistrate mentioned in ORS 133.030 (Who are magistrates) may issue a warrant for any crime committed or triable within the territorial jurisdiction of the magistrate’s court.

(2)

Notwithstanding subsection (1) of this section, a circuit court judge duly assigned pursuant to ORS 1.615 (Appointment pro tempore to tax court or circuit court) to serve as a judge pro tempore in a circuit court may issue a warrant of arrest for a crime committed or triable within the territorial jurisdiction of any circuit court in which the judge serves as judge pro tempore if the request for the warrant includes an affidavit showing that a regularly elected or appointed circuit court judge for the judicial district is not available, whether by reason of conflict of interest or other reason, to issue the warrant within a reasonable time. [Amended by 1969 c.198 §60; 1973 c.836 §69; 1977 c.746 §2; 1983 c.661 §5; 2013 c.155 §10]
§§ 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)


Source

Last accessed
Jun. 26, 2021