Arrest and Related Procedures

ORS 133.440
Proceedings following arrest in fresh pursuit

If an arrest is made in this state by an officer of another state in accordance with ORS 133.430 (Authority to make arrest in fresh pursuit), the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.
§§ 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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