Chapter 133
Arrest and Related Procedures; Search and Seizure; Extradition

Sections

Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450

Sufficiency of information or complaint

Contents of information or complaint

Magistrate defined

Who are magistrates

Ex parte emergency protective orders

Criminal citation

Cited person to appear before magistrate

Service of criminal citation

Criminal citations generally

Contents of criminal citation issued without complaint

Contents of criminal citation issued with complaint

Criminal citation where arrest without warrant is authorized for ordinance violation

Electronic filing of criminal citation

Failure to appear on criminal citation

Authority to issue warrant

Content and form of warrant

Who may make arrest

Arrest by private person

Arrest by peace officer

Arrest by parole and probation officer

Arrest by federal officer

Authority of peace officer to arrest without warrant

Liability of peace officer making arrest

Providing false foreign restraining order

Authority to order arrest for crime committed in presence of magistrate

Arrests on warrant or order transmitted by telegraph

Definitions for ORS 133.375 to 133.381

Arrest of persons for cruelty to animals

Duty of peace officer to arrest and prosecute violators of cruelty to animals laws

Procedure in arrests for violation of certain restraining orders

Recording of custodial interviews of adults

Recording of custodial interviews of juveniles

Voluntariness of statement by juvenile during custodial interview

Definitions for ORS 133.405 to 133.408

Immunities and liabilities

Application of ORS 133.405 and 133.407

Definitions for ORS 133.410 to 133.440

Authority to make arrest in fresh pursuit

Proceedings following arrest in fresh pursuit

Return of arrest warrant

Receipts for property taken from person in custody

Forfeiture of conveyances used unlawfully to conceal or transport stolen property

Seizure of stolen animals or other property being transported

Sale of seized property

Notice to owner

Perishable property

Retention of property to answer order of court

Interpreter to be made available to person with a disability

Duty of peace officer to request emergency medical services

Definitions for ORS 133.525 to 133.703

Permissible objects of search and seizure

Protection of things seized

Obtaining information from portable electronic devices

Issuance of search warrant

Contents of search warrant

Execution of warrant

List of things seized

Use of force in executing warrants

Return of the warrant

“Mobile tracking device” defined

Execution of warrant authorizing mobile tracking device

Medical procedures

Handling and disposition of things seized

Motion for return or restoration of things seized

Ground for motion for return or restoration of things seized

Postponement of return or restoration

Disputed possession rights

Motions to suppress evidence

Challenge to truth of evidence

Identity of informants

Definitions for ORS 133.705 to 133.717

Custodian’s obligation to preserve biological evidence

Notice of intent to dispose

Provision of notice or order to defendant

Definitions for ORS 41.910 and 133.721 to 133.739

Records confidential

Order for interception of communications

Interception of oral communication without order

Proceeding under expired order prohibited

Recording intercepted communications

Procedure for introduction as evidence

Suppression of intercepted communications

Suppression of intercepted oral communication

Disclosure and use of intercepted communications

Civil damages for willful interception, disclosure or use of communications

Law enforcement agency policies and procedures regarding video and audio recordings

Definitions for ORS 133.743 to 133.857

Determination of security requirements to carry out extradition

Fugitives from other states

Investigation of demand and report

Facts documents must show

Extradition of person not present in demanding state at time of commission of crime

Governor’s warrant of arrest

Execution of the warrant

Authority of arresting officer to command assistance

Rights of arrested person

Penalty for disobedience to ORS 133.787

Confinement of prisoner

Arrest prior to requisition

Arrest without warrant

Commitment to await arrest on requisition

Proceedings in absence of arrest under executive warrant within specified time

Persons under criminal prosecution in this state at time of requisition

When guilt of accused may be inquired into

Governor may recall warrant

Warrant to agent to return fugitive from this state

Application for requisition

Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion

Appointment of agent to return fugitive from this state who waives extradition

Immunity from civil process in certain civil cases

Written waiver of extradition proceedings

Nonwaiver by this state

Trial of extradited person for other crimes

Construction of Act

Payment of agent’s expenses

Arrest and Return Account

Release of booking photo by law enforcement agency

Removal of booking photo from publication or website

Up to date

Current through early 2024

Chap. 133’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_chapter_133

Original Source: Chapter 133 — Arrest and Related Procedures; Search and Seizure; Extradition, https://www.oregonlegislature.gov/bills_laws/ors/ors133.html (last accessed Jun. 16, 2023).