reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.005 - Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450.

As used in ORS 133.005 to 133.400 and 133.410 to 133.450, unless the context requires otherwise:
(1) "Arrest" means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A "stop" as authorized under ORS 131.605 to 131.625 is not an arrest.
(2) "Federal officer" means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty.
(3) "Peace officer" means:
(a) A member of the Oregon State Police;
(b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 or 353.125;
(c) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state;
(d) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon;
(e) A humane special agent as defined in ORS 181A.345;
(f) A regulatory specialist exercising authority described in ORS 471.775 (2), 475C.017 or 475C.301;
(g) An authorized tribal police officer as defined in ORS 181A.940; or
(h) A judicial marshal appointed under ORS 1.177 who is trained pursuant to ORS 181A.540.
(4) "Reserve officer" means an officer or member of a law enforcement agency who is:
(a) A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police;
(b) Armed with a firearm; and
(c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 §62; 1979 c.656 §1; 1981 c.808 §1; 1991 c.67 §25; 1993 c.254 §1; 1995 c.651 §6; 2009 c.11 §8; 2011 c.506 §7; 2011 c.641 §1; 2011 c.644 §§13,39; 2012 c.54 §§6,7; 2012 c.67 §§3,4; 2013 c.154 §§4,5; 2013 c.180 §8,9; 2015 c.174 §4; 2015 c.614 §§137,138; 2021 c.286 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.007 - Sufficiency of information or complaint; previous convictions; use of statutory language.

(1) An information or complaint is sufficient if it can be understood therefrom that:
(a) The defendant is named, or if the name of the defendant cannot be discovered, the defendant is described by a fictitious name, with the statement that the real name of the defendant is unknown to the complainant.
(b) The offense was committed within the jurisdiction of the court, except when, as provided by law, the act, though done without the county in which the court is held, is triable within.
(c) The offense was committed at some time prior to the filing of the information or complaint and within the time limited by law for the commencement of an action therefor.
(2) The information or complaint shall not contain allegations that the defendant has previously been convicted of any offense that might subject the defendant to enhanced penalties.
(3) Words used in a statute to define an offense need not be strictly followed in the information or complaint, but other words conveying the same meaning may be used. [1973 c.836 §63; 2005 c.22 §101]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.015 - Contents of information or complaint.

An information or complaint shall contain substantially the following:
(1) The name of the court in which it is filed;
(2) The title of the action;
(3) A statement that accuses the defendant or defendants of the designated offense or offenses;
(4) A separate accusation or count addressed to each offense charged, if there be more than one;
(5) A statement in each count that the offense charged therein was committed in a designated county;
(6) A statement in each count that the offense charged therein was committed on, or on or about, a designated date, or during a designated period of time;
(7) A statement of the acts constituting the offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended; and
(8) The verification by the complainant and the date of the signing of the information or complaint. An information or complaint charging a defendant with an offense, other than an offense punishable as a felony, shall be deemed verified by the complainant if it contains a form of certificate in which the complainant certifies, under the penalties described in ORS 133.992, that the complainant has sufficient grounds to believe, and does believe, that the defendant named in the information or complaint committed the offense specified in the information or complaint. [1973 c.836 §64; 2015 c.250 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.030 - Who are magistrates.

The following persons are magistrates:
(1) Judges of the Supreme Court;
(2) Judges of the Court of Appeals;
(3) Judges of the circuit court;
(4) County judges and justices of the peace; and
(5) Municipal judges. [Amended by 1961 c.724 §27; 1969 c.198 §59; 1977 c.746 §1; 1995 c.658 §72]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.033 - Peace officer; community caretaking functions.

(1) Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions.
(2) As used in this section, "community caretaking functions" means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. "Community caretaking functions" includes, but is not limited to:
(a) The right to enter or remain upon the premises of another if it reasonably appears to be necessary to:
(A) Prevent serious harm to any person or property;
(B) Render aid to injured or ill persons; or
(C) Locate missing persons.
(b) The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:
(A) Prevent serious harm to any person or property;
(B) Render aid to injured or ill persons; or
(C) Locate missing persons.
(3) Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law. [1991 c.959 §1; 2011 c.506 §9; 2011 c.644 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.060 - Cited person to appear before magistrate; failure to appear; appearance during statewide emergency.

(1) A person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation was issued.
(2) If the cited person fails to appear at the time, date and court specified in the criminal citation, and a complaint or information is filed, the magistrate shall issue a warrant of arrest, upon application for its issuance, upon the person’s failure to appear.
(3)(a) Notwithstanding subsection (1) of this section, during a period of statewide emergency, the date specified in a criminal citation on which a person served with the citation shall appear may be more than 30 days after the date the citation was issued.
(b) During a period of statewide emergency, the presiding judge of a circuit court may, upon the motion of a party or the court’s own motion, and upon a finding of good cause, postpone the date of appearance described in paragraph (a) of this subsection for all proceedings within the jurisdiction of the court.
(c) The presiding judge may delegate the authority described in paragraph (b) of this subsection to another judge of the court.
(d) Nothing in this subsection affects the rights of a defendant under the Oregon and United States Constitutions.
(e) As used in this subsection, "period of statewide emergency" means the period of time during which any declaration of a state of emergency under ORS 401.165, public health emergency under ORS 433.441 or catastrophic disaster under Article X-A, section 1, of the Oregon Constitution, issued by the Governor, and any extension of the declaration, is in effect, and continuing for 60 days after the declaration and any extension is no longer in effect. [1969 c.244 §5; 1983 c.661 §1; 1997 c.548 §1; 1999 c.1051 §55; 2021 c.199 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.065 - Service of criminal citation.

If a criminal citation is issued as described in ORS 133.055, the peace officer shall serve one copy on the person arrested and shall, as soon as practicable, file a duplicate copy with the magistrate specified in ORS 133.055 along with proof of service. [1969 c.244 §6; 1999 c.1051 §58]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.066 - Criminal citations generally.

(1) A criminal citation may include a complaint or may be issued without a form of complaint. If a criminal citation is issued without a complaint, the citation must be in the form provided by ORS 133.068. If a criminal citation is issued with a complaint, the citation must be in the form provided by ORS 133.069.
(2) A criminal citation may be issued with a complaint only if a procedure for the issuance of a citation with a complaint has been authorized by the district attorney for the county in which the crime is alleged to have been committed.
(3) A complaint or information may be filed with the court before or after the issuance of a criminal citation without a complaint. Nothing in this section affects the requirement that a complaint or information be filed for the crime charged.
(4) More than one crime may be charged in a single criminal citation. However, if a defendant is to be charged with driving while under the influence of intoxicants in violation of ORS 813.010, a separate criminal citation must be used for the charge of driving while under the influence of intoxicants and that citation may not be used to charge the defendant with the commission of any other crime.
(5) Uniform citation forms for crimes shall be adopted by the Supreme Court under ORS 1.525. In adopting those forms, the Supreme Court may combine the requirements for criminal citations under this section and the requirements for violation citations under ORS 153.045. A crime and a violation may not be charged on the same citation form. [1999 c.1051 §57]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.068 - Contents of criminal citation issued without complaint.

A criminal citation issued without a form of complaint must contain:
(1) The name of the court at which the cited person is to appear.
(2) The name of the person cited.
(3) A brief description of the offense for which the person is charged, the date, time and place at which the offense occurred, the date on which the citation was issued, and the name of the peace officer who issued the citation.
(4) The date, time and place at which the person cited is to appear in court, and a summons to so appear.
(5) Whether a complaint or information had been filed with the court at the time the citation was issued.
(6) If the arrest was made by a private party, the name of the arresting person.
(7) The following:
______________________________________________________________________________
READ CAREFULLY
This citation is not a complaint or an information. A complaint or an information may be filed and you will be provided a copy thereof at the time of your first appearance. You MUST appear in court at the time set in the citation. IF YOU FAIL TO APPEAR AND A COMPLAINT OR INFORMATION HAS BEEN FILED, THE COURT WILL IMMEDIATELY ISSUE A WARRANT FOR YOUR ARREST.
______________________________________________________________________________ [1999 c.1051 §60]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.069 - Contents of criminal citation issued with complaint; nonconformance.

(1) A criminal citation issued with a form of complaint must contain:
(a) The name of the court at which the cited person is to appear.
(b) The name of the person cited.
(c) A complaint containing at least the following:
(A) The name of the court, the name of the state or of the city or other public body in whose name the action is brought and the name of the defendant.
(B) A statement or designation of the crime that can be readily understood by a person making a reasonable effort to do so and the date, time and place at which the crime is alleged to have been committed.
(C) A form of certificate in which the peace officer must certify that the peace officer has sufficient grounds to believe, and does believe, that the person named in the complaint committed the offense specified in the complaint. A certificate conforming to this subparagraph shall be deemed equivalent to a sworn complaint.
(d) The date on which the citation was issued, and the name of the peace officer who issued the citation.
(e) The date, time and place at which the person cited is to appear in court, and a summons to so appear.
(f) If the arrest was made by a private party, the name of the arresting person.
(2) The district attorney for the county shall review any criminal citation issued with a form of complaint that is to be filed in a circuit or justice court. The review must be done before the complaint is filed.
(3) If the complaint does not conform to the requirements of this section, the court shall set the complaint aside upon motion of the defendant made before entry of a plea. A pretrial ruling on a motion to set aside may be appealed by the state.
(4) A court may amend a complaint at its discretion. [1999 c.1051 §61; 2001 c.870 §10; 2005 c.566 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.070 - Criminal citation where arrest without warrant is authorized for ordinance violation.

(1) In any instance in which a person is subject to arrest without a warrant for violation of an ordinance of a county, city or municipal corporation, any peace officer who is authorized to make the arrest may make the arrest or in lieu of taking the person into custody the officer may issue and serve a criminal citation to the person to appear at any court within the jurisdictional unit by which the officer is authorized to act.
(2) Any criminal citation issued under this section must meet the requirements of ORS 133.055 to 133.076.
(3) The person cited shall appear before the court in which the person’s appearance is required at the time, date and court specified in the criminal citation. If the person fails to appear at that time and a complaint is filed, the court shall issue a warrant for the person’s arrest upon application for its issuance. [1969 c.244 §8; 1983 c.661 §2; 1999 c.1051 §62]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.073 - Electronic filing of criminal citation; court rules.

(1) Notwithstanding ORS 133.065, a peace officer, following procedures established by court rule, may file a criminal citation with or without a form of complaint with the court by electronic means, without an actual signature of the officer, in lieu of filing a duplicate paper copy of the citation. A criminal citation filed under this section may be of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525. A peace officer who files a criminal citation under this section is deemed to certify the citation and any complaint included with the citation by that filing and has the same rights, responsibilities and liabilities in relation to the citation and any complaint included with the citation as an officer has in relation to citations and complaints that are filed with the court in paper form and are certified by actual signature.
(2) A court may allow electronic filing of criminal citations as described under subsection (1) of this section. Procedures established to allow electronic filing of criminal citations under this section shall be established by court rule and shall include procedures necessary to ensure that:
(a) An electronically filed criminal citation with or without a form of complaint includes all information required on a uniform citation adopted by the Supreme Court under ORS 1.525. However, an electronically filed criminal citation containing all required information, but of a different size or format than a uniform citation adopted by the Supreme Court under ORS 1.525, shall not be prohibited by or found in violation of a rule established under this subsection.
(b) An electronically filed criminal citation with or without a form of complaint is verifiable as being filed by a specific peace officer.
(c) Members of the public can obtain copies of and review a criminal citation with or without a form of complaint that is electronically filed and maintained under this section in the same manner as the manner used for those filed on paper.
(3) For a criminal citation with a form of complaint issued under ORS 133.069, the district attorney’s review required by ORS 133.069 and, if necessary, amendments for legal sufficiency, must be completed before the electronic filing of the citation with the form of complaint is made with a court under this section. [2005 c.566 §15; 2015 c.13 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.076 - Failure to appear on criminal citation.

(1) A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 to 133.076 and the person knowingly fails to do any of the following:
(a) Make an appearance in the manner required by ORS 133.060.
(b) Make appearance at the time set for trial in the criminal proceeding.
(c) Appear at any other time required by the court or by law.
(2) Failure to appear on a criminal citation is a Class A misdemeanor. [1999 c.1051 §64 (enacted in lieu of 133.075)]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.110 - Issuance; citation.

If an information or a complaint has been filed with the magistrate, and the magistrate is satisfied that there is probable cause to believe that the person has committed the crime specified in the information or complaint, the magistrate shall issue a warrant of arrest. If the offense is subject to issuance of a criminal citation under ORS 133.055, the court may authorize a peace officer to issue and serve a criminal citation in lieu of arrest. [Amended by 1969 c.244 §3; 1973 c.836 §68; 1983 c.661 §4; 1999 c.1051 §66]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.120 - Authority to issue warrant.

(1) A judge of the Supreme Court or the Court of Appeals may issue a warrant of arrest for any crime committed or triable within the state, and any other magistrate mentioned in ORS 133.030 may issue a warrant for any crime committed or triable within the territorial jurisdiction of the magistrate’s court.
(2) Notwithstanding subsection (1) of this section, a circuit court judge duly assigned pursuant to ORS 1.615 to serve as a judge pro tempore in a circuit court may issue a warrant of arrest for a crime committed or triable within the territorial jurisdiction of any circuit court in which the judge serves as judge pro tempore if the request for the warrant includes an affidavit showing that a regularly elected or appointed circuit court judge for the judicial district is not available, whether by reason of conflict of interest or other reason, to issue the warrant within a reasonable time. [Amended by 1969 c.198 §60; 1973 c.836 §69; 1977 c.746 §2; 1983 c.661 §5; 2013 c.155 §10]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.140 - Content and form of warrant.

A warrant of arrest shall:
(1) Be in writing;
(2) Specify the name of the person to be arrested, or if the name is unknown, shall designate the person by any name or description by which the person can be identified with reasonable certainty;
(3) State the nature of the crime;
(4) State the date when issued and the county or city where issued;
(5) Be in the name of the State of Oregon or the city where issued, be signed by and bear the title of the office of the magistrate having authority to issue a warrant for the crime charged;
(6) Command any peace officer, or any parole and probation officer for a person who is being supervised by the Department of Corrections or a county community corrections agency, to arrest the person for whom the warrant was issued and to bring the person before the magistrate issuing the warrant, or if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county;
(7) Specify that the arresting officer may enter premises, in which the officer has probable cause to believe the person to be arrested to be present, without giving notice of the officer’s authority and purpose, if the issuing judge has approved a request for such special authorization; and
(8) Specify the amount of security for release. [Amended by 1961 c.443 §1; 1973 c.836 §70; 1977 c.746 §3; 1983 c.661 §6; 2005 c.668 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.220 - Who may make arrest.

An arrest may be effected by:
(1) A peace officer under a warrant;
(2) A peace officer without a warrant;
(3) A parole and probation officer under a warrant as provided in ORS 133.239;
(4) A parole and probation officer without a warrant for violations of conditions of probation, parole or post-prison supervision;
(5) A private person; or
(6) A federal officer. [Amended by 1981 c.808 §2; 2005 c.668 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.225 - Arrest by private person.

(1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255. [1973 c.836 §74]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.235 - Arrest by peace officer; procedure.

(1) A peace officer may arrest a person for a crime at any hour of any day or night.
(2) A peace officer may arrest a person for a crime, pursuant to ORS 133.310 (1), whether or not such crime was committed within the geographical area of such peace officer’s employment, and the peace officer may make such arrest within the state, regardless of the situs of the offense.
(3) The officer shall inform the person to be arrested of the officer’s authority and reason for the arrest, and, if the arrest is under a warrant, shall show the warrant, unless the officer encounters physical resistance, flight or other factors rendering this procedure impracticable, in which case the arresting officer shall inform the arrested person and show the warrant, if any, as soon as practicable.
(4) In order to make an arrest, a peace officer may use physical force as justifiable under ORS 161.233, 161.242 and 161.245.
(5) In order to make an arrest, a peace officer may enter premises in which the officer has probable cause to believe the person to be arrested to be present.
(6) If after giving notice of the officer’s identity, authority and purpose, the officer is not admitted, the officer may enter the premises, and by a breaking, if necessary.
(7) A person may not be arrested for a violation except to the extent provided by ORS 153.039 and 810.410. [1973 c.836 §71; 1981 c.818 §1; 1999 c.1051 §67; 2020 s.s.2 c.3 §12]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.239 - Arrest by parole and probation officer; procedure.

(1) As used in this section, "parole and probation officer" has the meaning given that term in ORS 181A.355.
(2) A parole and probation officer may arrest a person if the person is being supervised by the Department of Corrections or a county community corrections agency.
(3)(a) A parole and probation officer making an arrest under this section shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(b) The parole and probation officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person. [2005 c.668 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.245 - Arrest by federal officer; procedure.

(1) A federal officer may arrest a person:
(a) For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime.
(b) For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime.
(c) When rendering assistance to or at the request of a law enforcement officer, as defined in ORS 414.805.
(d) When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person’s arrest.
(2) The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest.
(3) In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS 161.233, 161.242 and 161.245.
(4)(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(b) The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person.
(5) A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer.
(6) A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section. [1981 c.808 §3; 1993 c.254 §2; 1995 c.79 §48; 1997 c.853 §34; 2020 s.s.2 c.3 §13]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.315 - Liability of peace officer making arrest.

(1) No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055 (2) or 133.310 (3) or (5) provided the peace officer acts in good faith and without malice.
(2) No peace officer shall be criminally or civilly liable for any arrest made under ORS 133.310 (4) if the officer reasonably believes that:
(a) A physical or electronic document or other writing supplied to the officer under ORS 133.310 (4) is an accurate copy of a foreign restraining order as defined by ORS 24.190 and is the most recent order in effect between the parties; and
(b) The person restrained by the order has been personally served with a copy of the order or has actual notice of the order. [1977 c.845 §9; subsection (2) enacted as 1991 c.222 §3; 1999 c.250 §3; 2021 c.326 §4]
Note:
133.315 (2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.318 - Providing false foreign restraining order; false representation to peace officer.

(1) Any person who provides to a peace officer a copy of a writing purporting to be a foreign restraining order as defined by ORS 24.190 knowing that no valid foreign restraining order is in effect shall be guilty of a Class A misdemeanor.
(2) Any person who represents to a peace officer that a foreign restraining order is the most recent order in effect between the parties or that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order knowing that the representation is false commits a Class A misdemeanor. [1991 c.222 §4; 1999 c.250 §4; 2011 c.506 §11; 2011 c.644 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.340 - Authority to order arrest for crime committed in presence of magistrate.

When a crime is committed in the presence of a magistrate, the magistrate may, by a verbal or written order, command any person to arrest the offender and may thereupon proceed as if the offender had been brought before the magistrate upon a warrant of arrest. [Amended by 1973 c.836 §73; 1983 c.661 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.360 - Arrests on warrant or order transmitted by telegraph.

Whenever any person has been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest has been issued, the magistrate issuing the warrant, or any judge of the Supreme Court, or of the Court of Appeals, or of a circuit or county court, may indorse thereon an order signed by the magistrate or judge authorizing the service thereof by telegraph. Thereupon the warrant and order may be sent by telegraph to any marshal, sheriff, constable or police officer and on receipt of the telegraphic copy thereof, as defined in ORS 165.840, by any such officer, the officer shall have the same authority and be under the same obligations to arrest, take into custody and detain the person as if the original warrant of arrest with the proper direction for its service duly indorsed thereon had been placed in the hands of the officer. The telegraphic copy shall be entitled to full faith and credit and shall have the same force and effect in all courts and places as the original. Prior to indictment or conviction, no such order shall be made by any officer unless in the judgment of the officer there is probable cause to believe the accused person guilty of the offense charged, but the making of such order by any officer is prima facie evidence of the regularity thereof and of all proceedings prior thereto. The original warrant and order, or a copy thereof certified by the officer making the order, shall be preserved in the telegraph office from which the same is sent and in telegraphing the same, the original or the certified copy may be used. [Amended by 1969 c.198 §61; 1991 c.67 §26]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.375 - Definitions for ORS 133.375 to 133.381.

As used in ORS 133.375 to 133.381:
(1) "Animal" has the meaning given that term in ORS 167.310.
(2) "Owner" or "person" includes corporations as well as individuals. [Formerly 770.210; 1985 c.662 §11; 2011 c.9 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.377 - Arrest of persons for cruelty to animals; immunity of peace officer providing care for animal.

(1) Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace.
(2) The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owners of the animals found in the charge of the person arrested, and shall properly care and provide for such animals until the owners or their duly authorized agents take charge of them; provided, such owners or agents shall claim and take charge of the animals within 60 days from the date of said notice.
(3) The person making such arrest shall have a lien upon the animals for the expense of such care and provisions.
(4) Any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided. [Formerly 770.230; 1983 c.648 §2; 1985 c.662 §12; 2001 c.926 §16; 2009 c.550 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.379 - Duty of peace officer to arrest and prosecute violators of cruelty to animals laws.

It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 for any violation which comes to the knowledge or notice of the officer. [Formerly 770.240; 1983 c.648 §3; 1985 c.662 §13; 2001 c.926 §17; 2009 c.550 §5; 2012 c.89 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.381 - Procedure in arrests for violation of certain restraining orders; arrest of person not in county where order or warrant issued.

(1) When a peace officer arrests a person pursuant to ORS 133.310 (3) or pursuant to a warrant issued under ORS 33.075 by a court or judicial officer for the arrest of a person charged with contempt for violating an order issued under ORS 107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020, 163.765 or 163.767, if the person is arrested in a county other than that in which the warrant or order was originally issued, the peace officer shall take the person before a magistrate as provided in ORS 133.450. If it becomes necessary to take the arrested person to the county in which the warrant or order was originally issued, the costs of such transportation shall be paid by that county.
(2) If a person arrested for the reasons described in subsection (1) of this section is subsequently found subject to the imposition of sanctions for contempt, the court, in addition to any other sanction it may impose, may order the person to repay a county all costs of transportation incurred by the county pursuant to subsection (1) of this section. [1979 c.162 §2; 1981 c.780 §9; 1991 c.724 §24; 1995 c.666 §25; 2013 c.687 §16]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.403 - Voluntariness of statement by juvenile during custodial interview.

(1) A statement made by a person during a custodial interview conducted by a peace officer is presumed to be involuntary if the person is under 18 years of age and the statement is made in connection with an investigation into a misdemeanor or a felony, or an allegation that the person being interviewed committed an act that, if committed by an adult would constitute a misdemeanor or a felony, and the court determines that the peace officer intentionally used information known by the officer to be false to elicit the statement. This presumption may be overcome if the state proves by clear and convincing evidence that the statement was voluntary and not made in response to the false information used by the peace officer to elicit the statement.
(2) As used in this section:
(a) "Custodial interview" has the meaning given that term in ORS 133.402.
(b) "Peace officer" has the meaning given that term in ORS 133.005. [2021 c.487 §1]
Note:
133.403 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.407 - Immunities and liabilities; supervision; compensation; training.

(1) A certified peace officer who exercises authority under ORS 133.405 and the officer’s employing agency are subject to the same civil immunities and liabilities as a peace officer and the peace officer’s employing agency in Oregon.
(2) A certified peace officer who exercises authority under ORS 133.405 is subject to the supervisory control of and limitations imposed by the certified peace officer’s employing agency unless supervisory control is temporarily delegated to an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.
(3) The certified peace officer may not receive separate compensation from an Oregon law enforcement agency for providing law enforcement services within this state under ORS 133.405.
(4) Notwithstanding any other provision of law, any person who is acting as a certified peace officer in this state in the manner described in ORS 133.405 is deemed to have met the requirements of ORS 133.005 (3) if the certified peace officer has completed the basic training required for peace officers in the adjoining state in which the certified peace officer is employed. [2011 c.472 §2]
Note:
See note under 133.405.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.408 - Application of ORS 133.405 and 133.407.

(1) ORS 133.405 and 133.407 do not limit the authority of an officer of another state to make an arrest or take other action under ORS 133.410 to 133.440. ORS 133.405 and 133.407 apply only in the absence of a mutual aid agreement between the State of Oregon and an adjoining state, or between local governments of this state and adjoining states, or any combination thereof, to which the employing agency is a party.
(2) A certified peace officer exercising authority under ORS 133.405, and the certified peace officer’s employing agency, are not officers or employees of the State of Oregon for purposes of ORS 30.260 to 30.300. [2011 c.472 §3]
Note:
See note under 133.405.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.420 - Definitions for ORS 133.410 to 133.440.

As used in ORS 133.410 to 133.440:
(1) "Fresh pursuit" includes fresh pursuit as defined by the common law; the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony; and the pursuit of a person suspected of having committed a felony, though no felony actually has been committed, if there is reasonable ground for believing that a felony has been committed. It does not necessarily imply instant pursuit, but pursuit without unreasonable delay.
(2) "State" includes the District of Columbia.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.430 - Authority to make arrest in fresh pursuit.

(1) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.
(2) This section shall not be construed to make unlawful any arrest in this state which otherwise would be lawful.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.440 - Proceedings following arrest in fresh pursuit.

If an arrest is made in this state by an officer of another state in accordance with ORS 133.430, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.450 - Return of arrest warrant; release decision.

(1) If the defendant is arrested in the county in which the warrant issued, the defendant shall be taken before the magistrate who issued the warrant, or, if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county; but if the defendant is arrested in another county and the crime charged in the warrant is a misdemeanor, the officer shall, upon being required by the defendant, take the defendant before a magistrate of that county, who shall make a release decision as provided in ORS 135.230 to 135.290. The officer shall at the same time deliver to the magistrate the warrant with the return of the officer indorsed and subscribed by the officer.
(2) After making the release decision, the magistrate shall certify that fact on the warrant and return the warrant and release agreement or security release to the officer having charge of the defendant. The officer shall then discharge the defendant from arrest and without delay deliver the warrant and release agreement or security release to the clerk of the court in the other county at which the defendant is required to appear.
(3) If the defendant is to be released and does not agree to the release agreement, or a security deposit is not forthwith given, the officer shall take the defendant before the magistrate who issued the warrant or some other magistrate in that county, as provided in this section, together with the warrant. [Formerly 133.520]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition › Section 133.455 - Receipts for property taken from person in custody; penalty.

(1) Whenever any jailer, peace officer or health officer takes or receives any money or other valuables from any person in custody for safekeeping or for other purposes, the officer or jailer receiving such valuables or money forthwith shall tender one of duplicate receipts for the property being surrendered to the person in custody. If possible, the person in custody shall countersign both the original and duplicate receipts. If the person is unable to sign the receipts or receive the duplicate thereof, the same shall be signed by and delivered to the person when reasonably possible. A file of the original receipts shall be kept for at least six months after the money or valuables have been returned to the person in custody, the agent or representative of the person or other person entitled to the same.
(2) A person violating any of the provisions of subsection (1) of this section commits a Class B misdemeanor. [Formerly 142.210]