General Provisions

ORS 161.245
“Reasonable belief” described

  • status of unlawful arrest


(1)

For the purposes of ORS 161.235 (Use of physical force in making an arrest or in preventing an escape) and 161.239 (Use of deadly physical force in making an arrest or in preventing an escape), a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which if true would in law constitute an offense. If the believed facts or circumstances would not in law constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not render justifiable the use of force to make an arrest or to prevent an escape from custody.

(2)

A peace officer who is making an arrest is justified in using the physical force prescribed in ORS 161.235 (Use of physical force in making an arrest or in preventing an escape) and 161.239 (Use of deadly physical force in making an arrest or in preventing an escape) unless the arrest is unlawful and is known by the officer to be unlawful. [1971 c.743 §29]
§§ 161.190 to 161.265

Notes of Decisions

Under Former Similar Statute (Ors 163.110)

There were cases where self-defense would not be a defense but the right to self-defense was still available to establish that the defendant was engaged in a lawful act at the time of the killing. State v. Leos, 7 Or App 211, 490 P2d 521 (1971)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021