Arrest and Related Procedures

ORS 133.245
Arrest by federal officer

  • procedure


A federal officer may arrest a person:


For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime.


For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime.


When rendering assistance to or at the request of a law enforcement officer, as defined in ORS 414.805 (Liability of individual for medical services received while in custody of law enforcement officer).


When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person’s arrest.


The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest.


In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS 161.233 (Use of physical force by peace officer), 161.242 (Use of deadly physical force by peace officer) and 161.245 (“Reasonable belief” described).



A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer.


The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person.


A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer.


A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section. [1981 c.808 §3; 1993 c.254 §2; 1995 c.79 §48; 1997 c.853 §34; 2020 s.s.2 c.3 §13]


Last accessed
May 26, 2023