Arrest by peace officer
- procedure
Source:
Section 133.235 — Arrest by peace officer; procedure, https://www.oregonlegislature.gov/bills_laws/ors/ors133.html.
See also annotations under ORS 133.240, 133.270, 133.290, 133.300, 133.320 and 133.330 in permanent edition.
Notes of Decisions
Under former similar statute (ORS 133.290)
Requirement of announcement and refusal stems from common law. State v. Mitchell, 6 Or App 378, 487 P2d 1156 (1971), Sup Ct review denied; State v. Gassner, 6 Or App 452, 488 P2d 822 (1971)
Requirement of announcement and refusal may be dispensed with where notice would imperil officer, facilitate escape or allow destruction of evidence. State v. Mitchell, 6 Or App 378, 487 P2d 1156 (1971), Sup Ct review denied; State v. Gassner, 6 Or App 452, 488 P2d 822 (1971)
Evidence seized in violation of local statute may be suppressed; if seized in violation of United States Constitution, it must be suppressed. State v. Gassner, 6 Or App 452, 488 P2d 822 (1971)
Exigent circumstances existed which justified officer’s entry without first giving notice of his authority and purpose. State v. Mitchell, 6 Or App 378, 487 P2d 1156 (1971), Sup Ct review denied; State v. Larkens, 8 Or App 162, 493 P2d 172 (1972)
Evidence secured by entry not in compliance with this section shall not be excluded. State v. Valentine, 264 Or 54, 504 P2d 84 (1972), cert. denied, 412 US 948
In general
Where arresting officers entered house in which victim believed burglar lived within 10 to 15 minutes after report of burglary, circumstances were sufficiently exigent to justify entry to make probable cause arrest. State v. Ellett, 33 Or App 447, 576 P2d 839 (1978)
Absent exigent circumstances or hot pursuit, police officers who have probable cause to arrest a person may not forcibly enter a person’s home for that purpose in absence of having secured a warrant. State v. Olson, 287 Or 157, 598 P2d 670 (1979)
This section did not authorize Tigard police officer to serve summons on defendant at her Lake Oswego residence for an offense committed in Tigard. State v. Huffman, 49 Or App 823, 621 P2d 78 (1980)
Where police identified themselves but did not announce purpose before entering defendant’s mother’s house to arrest defendant, motion to suppress confession as fruit of illegal arrest was properly denied. State v. Bishop, 288 Or 349, 605 P2d 642 (1980)
Officers who enter premises with valid arrest warrant to make arrest under this section must meet same test for showing probable cause to believe person is on premises as is required to support issuance of search warrant under ORS 133.545. State v. Munro, 96 Or App 238, 772 P2d 1353 (1989)
This section includes apprehension of peril exception to knock and announce requirement if specific and articulable facts known at time of entry, taken together with rational inferences that may be drawn from facts, would lead reasonable person to believe that compliance would create risk to police officer’s safety. State v. Ford, 310 Or 623, 801 P2d 754 (1990)
Attorney General Opinions
In general
Authority of Oregon Liquor Control Commission to arrest or issue citation, (1974) Vol 36, p 1066; application to arrests by weighmaster, (1979) Vol 39, p 528
Law Review Citations
Under former similar statute (ORS 133.290)
8 WLJ 107-114, 224-228 (1972); 10 WLJ 30, 66 (1973)
In general
50 WLR 291 (2014)
Up to date