Arrest and Related Procedures

ORS 133.315
Liability of peace officer making arrest


(1)

No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055 (Criminal citation) (2) or 133.310 (Authority of peace officer to arrest without warrant) (3) or (5) provided the peace officer acts in good faith and without malice.

(2)

No peace officer shall be criminally or civilly liable for any arrest made under ORS 133.310 (Authority of peace officer to arrest without warrant) (4) if the officer reasonably believes that:

(a)

A document or other writing supplied to the officer under ORS 133.310 (Authority of peace officer to arrest without warrant) (4) is an accurate copy of a foreign restraining order as defined by ORS 24.190 (Foreign restraining orders) and is the most recent order in effect between the parties; and

(b)

The person restrained by the order has been personally served with a copy of the order or has actual notice of the order. [1977 c.845 §9; subsection (2) enacted as 1991 c.222 §3; 1999 c.250 §3]
Note: 133.315 (Liability of peace officer making arrest) (2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

This section provides immunity for making good faith arrests, not for failing to do so, and police officers who knowingly failed to enforce judicial order issued under Abuse Prevention Act are potentially liable for resulting harm to psychic and physical health of intended beneficiaries of the order. Nearing v. Weaver, 295 Or 702, 670 P2d 137 (1983)

Law Review Citations

77 OLR 497 (1998)


Source

Last accessed
Jun. 26, 2021