Arrest and Related Procedures

ORS 133.430
Authority to make arrest in fresh pursuit

(1)

Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.

(2)

This section shall not be construed to make unlawful any arrest in this state which otherwise would be lawful.
§§ 133.410 to 133.440

Notes of Decisions

Allegation that law enforcement officers failed to comply with these sections (Oregon Uniform Act on Fresh Pursuit), which is designed to implement extradition clause of U.S. Constitution, may serve as basis for plaintiff's action for violation of 42 U.S.C. 1983 (federal extradition statute). Draper v. Coombs, 792 F2d 915 (1986)

Source

Last accessed
Jun. 26, 2021

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