2015 ORS 133.315¹
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 (Criminal citation) (2) or 133.310 (Authority of peace officer to arrest without warrant) (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 (Authority of peace officer to arrest without warrant) (4) if the officer reasonably believes that:

(a) A document or other writing supplied to the officer under ORS 133.310 (Authority of peace officer to arrest without warrant) (4) is an accurate copy of a foreign restraining order as defined by ORS 24.190 (Foreign restraining orders) 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]

Note: 133.315 (Liability of peace officer making arrest) (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.

Notes of Decisions

This sec­tion provides immunity for making good faith arrests, not for failing to do so, and police of­fi­cers who knowingly failed to enforce judicial order issued under Abuse Preven­tion Act are potentially liable for resulting harm to psychic and physical health of intended beneficiaries of the order. Nearing v. Weaver, 295 Or 702, 670 P2d 137 (1983)

Law Review Cita­tions

77 OLR 497 (1998)


1 Legislative Counsel Committee, CHAPTER 133—Arrest and Related Procedures; Search and Seizure; Extradition, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors133.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 133, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano133.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.