Arrest and Related Procedures

ORS 133.225
Arrest by private person


(1)

A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.

(2)

In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255 (Use of physical force by private person making citizen’s arrest). [1973 c.836 §74]

See also annotations under ORS 133.350 in permanent edition.

Notes of Decisions

Evidence, in tort action for alleged reckless discharge of firearm, that store clerk activated burglar alarm after robbery, that defendant emerged from back room and was told by clerk that robber was fleeing, and that it appeared from circumstances that robber was escaping from parking lot, was sufficient to warrant finding that crime was committed in defendant's presence within meaning of this section. Hatfield v. Gracen, 279 Or 303, 567 P2d 546 (1977)

Where off-duty state trooper, acting as citizen, could have arrested defendant under this section for driving under influence of intoxicants, he was not required to follow any set procedures in initiating law enforcement action. State v. Chaput, 43 Or App 831, 604 P2d 435 (1979)

Law Review Citations

10 WLJ 30 (1973); 55 OLR 286 (1976)


Source

Last accessed
Jun. 26, 2021