ORS 133.225¹
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 (Use of physical force by private person making citizen’s arrest). [1973 c.836 §74]

See also annota­tions under ORS 133.350 in permanent edi­tion.

Notes of Decisions

Evidence, in tort ac­tion for alleged reckless discharge of firearm, that store clerk activated burglar alarm after robbery, that defendant emerged from back room and was told by clerk that robber was fleeing, and that it appeared from circumstances that robber was escaping from parking lot, was sufficient to warrant finding that crime was committed in defendant’s presence within meaning of this sec­tion. Hatfield v. Gracen, 279 Or 303, 567 P2d 546 (1977)

Where off-duty state trooper, acting as citizen, could have arrested defendant under this sec­tion for driving under influence of intoxicants, he was not re­quired to follow any set pro­ce­dures in initiating law en­force­­ment ac­tion. State v. Chaput, 43 Or App 831, 604 P2d 435 (1979)

Law Review Cita­tions

10 WLJ 30 (1973); 55 OLR 286 (1976)

1 Legislative Counsel Committee, CHAPTER 133—Arrest and Related Procedures; Search and Seizure; Extradition, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors133.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 133, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano133.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information