2013 ORS § 133.005¹
Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450

As used in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) to 133.400 (Recording of custodial interviews) and 133.410 (Short title) to 133.450 (Return of arrest warrant), 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 (Definitions for ORS 131.605 to 131.625) to 131.625 (Frisk of stopped persons) 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 352.383 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);

(c) An investigator of a district attorneys 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 181.435 (Humane special agents to enforce animal welfare laws under direction of law enforcement agency);

(f) A liquor enforcement inspector exercising authority described in ORS 471.775 (Service of subpoenas) (2);

(g) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011; or

(h) A judicial marshal appointed under ORS 1.177 (State plan for security, emergency preparedness and business continuity for court facilities) who is trained pursuant to ORS 181.647 (Certification of judicial marshals).

(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 (Facilities and services provided by service districts), 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; 2012 c.54 §6; 2012 c.67 §3; 2013 c.154 §4; 2013 c.180 §8]

Note: The amendments to 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) by section 39, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, including amendments by section 7, chapter 54, Oregon Laws 2012, section 4, chapter 67, Oregon Laws 2012, section 5, chapter 154, Oregon Laws 2013, and section 9, chapter 180, Oregon Laws 2013, is set forth for the users convenience.

133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450). As used in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) to 133.400 (Recording of custodial interviews) and 133.410 (Short title) to 133.450 (Return of arrest warrant), 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 (Definitions for ORS 131.605 to 131.625) to 131.625 (Frisk of stopped persons) 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 352.383 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);

(c) An investigator of a district attorneys 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 181.435 (Humane special agents to enforce animal welfare laws under direction of law enforcement agency);

(f) A liquor enforcement inspector exercising authority described in ORS 471.775 (Service of subpoenas) (2); or

(g) A judicial marshal appointed under ORS 1.177 (State plan for security, emergency preparedness and business continuity for court facilities) who is trained pursuant to ORS 181.647 (Certification of judicial marshals).

(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 (Facilities and services provided by service districts), 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.