Notes of Decisions
Notwithstanding that stop of defendant was unlawful under ORS 131.615 (Stopping of persons), 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 (Use of physical force in defense of a person), 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)
Notes of Decisions
Under Former Similar Statute (ORS 163.110)
There were cases where self-defense would not be a defense but the right to self-defense was still available to establish that the defendant was engaged in a lawful act at the time of the killing. State v. Leos, 7 Or App 211, 490 P2d 521 (1971)
Chapter 161
Notes of Decisions
A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L. J., 26 Or App 461, 552 P2d 1322 (1976)
Law Review Citations
2 EL 237 (1971); 51 OLR 427-637 (1972)
