Use of physical force in resisting arrest prohibited
Source:
Section 161.260 — Use of physical force in resisting arrest prohibited, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
Notwithstanding that stop of defendant was unlawful under ORS 131.615, evidence that defendant subsequently shoved officer with hands and fists during patdown search and damaged interior of police vehicle was not inadmissible. State v. Gaffney, 36 Or App 105, 583 P2d 582 (1978), Sup Ct review denied
This section is not inconsistent with ORS 161.209, concerning use of physical force in defense of person, because person is not justified in forcibly resisting unless and until he is faced with illegal use by officer of deadly force. State v. Hall, 36 Or App 133, 583 P2d 587 (1978)
Where arrest is made with excessive force, arrestee may use reasonable physical force in self-defense against excessive force being used by arresting officer. State v. Wright, 310 Or 430, 799 P2d 642 (1990)
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