2017 ORS 133.440¹
Proceedings following arrest in fresh pursuit

If an arrest is made in this state by an officer of another state in accordance with ORS 133.430 (Authority to make arrest in fresh pursuit), the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.

Notes of Decisions

Allega­tion that law en­force­­ment of­fi­cers failed to comply with these sec­tions (Oregon Uniform Act on Fresh Pursuit), which is designed to imple­ment extradi­tion clause of U.S. Constitu­tion, may serve as basis for plaintiff’s ac­tion for viola­tion of 42 U.S.C. 1983 (federal extradi­tion statute). Draper v. Coombs, 792 F2d 915 (1986)

1 Legislative Counsel Committee, CHAPTER 133—Arrest and Related Procedures; Search and Seizure; Extradition, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors133.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 133, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano133.­html (2017) (last ac­cessed Mar. 30, 2018).
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.