Arrest and Related Procedures

ORS 133.805
Arrest without warrant

The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant, upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in ORS 133.803 (Arrest prior to requisition); and thereafter the answer of the accused shall be heard as if the accused had been arrested on a warrant. [Formerly 147.140]

Notes of Decisions

Common law extraordinary powers of bail bondsmen are eliminated by judicial notice and identification safeguards of this section. State v. Epps, 36 Or App 519, 585 P2d 425 (1978), Sup Ct review denied

§§ 133.743 to 133.857

See also annotations under ORS chapter 147 in permanent edition.

Notes of Decisions

This Act was adopted to facilitate the interjurisdictional transfer of prisoners. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)

Interjurisdictional transfers to clear up charges protect the prisoner's constitutional right to a speedy trial and the state's interest in the orderly administration of justice. Bishop v. Cupp, 7 Or App 349, 490 P2d 524 (1971)

Source

Last accessed
Jun. 26, 2021

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