2007 ORS § 161.245¹
"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]