Arrest and Related Procedures

ORS 133.605
Use of force in executing warrants

(1)

The executing officer and other officers accompanying and assisting the officer may use the degree of force, short of deadly physical force, against persons, or to effect an entry, or to open containers, as is reasonably necessary for the execution of the search warrant with all practicable safety.

(2)

The use of deadly physical force in the execution of a search warrant is justifiable only:

(a)

If the officer reasonably believes that there is a substantial risk that things to be seized will be used to cause death or serious physical injury if their seizure is delayed and that the force used creates no substantial risk of injury to persons other than those obstructing the officer; or

(b)

If the officer reasonably believes that the use of deadly physical force is necessary to defend the officer or another person from the use or threatened imminent use of deadly physical force. [1973 c.836 §89]

Notes of Decisions

Whether action taken was "reasonably necessary" to ensure officer safety must be determined based upon circumstances as they appeared at time of action. State v. Barnett, 132 Or App 520, 888 P2d 1064 (1995), Sup Ct review denied

§§ 133.525 to 133.703

Notes of Decisions

Infractions are "criminal" and search warrant may issue for their investigation. State v. Weist, 79 Or App 435, 720 P2d 753 (1986), aff'd 302 Or 379, 730 P2d 25 (1986)

Law Review Citations

52 OLR 139-154 (1973)

Source

Last accessed
Jun. 26, 2021

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