ORS 133.005
Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450


As used in ORS 133.005 (Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450) to 133.400 (Recording of custodial interviews of adults) and 133.410 (Short title) to 133.450 (Return of arrest warrant), unless the context requires otherwise:

(1)

“Arrest” means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A “stop” as authorized under ORS 131.605 (Definitions for ORS 131.605 to 131.625) to 131.625 (Frisk of stopped persons) is not an arrest.

(2)

“Federal officer” means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty.

(3)

“Peace officer” means:

(a)

A member of the Oregon State Police;

(b)

A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers);

(c)

An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state;

(d)

An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon;

(e)

A humane special agent as defined in ORS 181A.345 (Humane special agents to enforce animal welfare laws under direction of law enforcement agency);

(f)

A regulatory specialist exercising authority described in ORS 471.775 (Service of subpoenas) (2), 475C.017 (General powers and duties) or 475C.301 (Enforcement authority of regulatory specialist);

(g)

An authorized tribal police officer as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946); or

(h)

A judicial marshal appointed under ORS 1.177 (State plan for security, emergency preparedness and business continuity for court facilities) who is trained pursuant to ORS 181A.540 (Certification of judicial marshals).

(4)

“Reserve officer” means an officer or member of a law enforcement agency who is:

(a)

A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS 451.010 (Authorization to establish master plans and service districts), the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police;

(b)

Armed with a firearm; and

(c)

Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 §62; 1979 c.656 §1; 1981 c.808 §1; 1991 c.67 §25; 1993 c.254 §1; 1995 c.651 §6; 2009 c.11 §8; 2011 c.506 §7; 2011 c.641 §1; 2011 c.644 §§13,39; 2012 c.54 §§6,7; 2012 c.67 §§3,4; 2013 c.154 §§4,5; 2013 c.180 §8,9; 2015 c.174 §4; 2015 c.614 §§137,138; 2021 c.286 §1]

Source: Section 133.005 — Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450, https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html.

See also annotations under ORS 133.210 and 133.250 in permanent edition.

Notes of Decisions

Nonviolent flight from attempted arrest is not criminal, and thus evidence was insufficient to sustain escape charge where defendant was convicted of driving under influence of intoxicants and third degree escape. State v. Swanson, 34 Or App 59, 578 P2d 411 (1978)

Where defendant entered house in process of being searched, officers took defendant to kitchen, advised him of rights, “patted him down,” and took his money and car keys from his pockets, defendant was “arrested” as defined in this section. State v. Groda, 285 Or 321, 591 P2d 1354 (1979)

Once defendant was taken out of car and frisked, any concern about immediate danger to police officers dissipated, and defendant was arrested within meaning of this section when he was subsequently handcuffed and placed in patrol car. State v. Morgan, 106 Or App 138, 806 P2d 713 (1991), Sup Ct review denied; State v. Koester, 117 Or App 139, 843 P2d 968 (1992), Sup Ct review denied

Where officer failed to follow procedure for frisking stopped person and there was no reason to believe doing so would be futile, use of handcuffs constituted arrest rather than precaution for officer safety. State v. Johnson, 120 Or App 151, 851 P2d 1160 (1993), Sup Ct review denied

Requirement that action be for purpose of charging offense applies both to placing person under actual or constructive restraint and to taking person into custody. State v. Pierce, 226 Or App 224, 203 P3d 290 (2009), Sup Ct review denied

Attorney General Opinions

Authority of Oregon Liquor Control Commission to arrest or issue citation, (1974) Vol 36, p 1066

Law Review Citations

10 WLJ 30 (1973); 50 WLR 291 (2014)

133.005
Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450
133.007
Sufficiency of information or complaint
133.015
Contents of information or complaint
133.020
Magistrate defined
133.030
Who are magistrates
133.033
Peace officer
133.035
Ex parte emergency protective orders
133.055
Criminal citation
133.060
Cited person to appear before magistrate
133.065
Service of criminal citation
133.066
Criminal citations generally
133.068
Contents of criminal citation issued without complaint
133.069
Contents of criminal citation issued with complaint
133.070
Criminal citation where arrest without warrant is authorized for ordinance violation
133.073
Electronic filing of criminal citation
133.076
Failure to appear on criminal citation
133.110
Issuance
133.120
Authority to issue warrant
133.140
Content and form of warrant
133.220
Who may make arrest
133.225
Arrest by private person
133.235
Arrest by peace officer
133.239
Arrest by parole and probation officer
133.245
Arrest by federal officer
133.310
Authority of peace officer to arrest without warrant
133.315
Liability of peace officer making arrest
133.318
Providing false foreign restraining order
133.340
Authority to order arrest for crime committed in presence of magistrate
133.360
Arrests on warrant or order transmitted by telegraph
133.375
Definitions for ORS 133.375 to 133.381
133.377
Arrest of persons for cruelty to animals
133.379
Duty of peace officer to arrest and prosecute violators of cruelty to animals laws
133.381
Procedure in arrests for violation of certain restraining orders
133.400
Recording of custodial interviews of adults
133.402
Recording of custodial interviews of juveniles
133.403
Voluntariness of statement by juvenile during custodial interview
133.405
Definitions for ORS 133.405 to 133.408
133.407
Immunities and liabilities
133.408
Application of ORS 133.405 and 133.407
133.410
Short title
133.420
Definitions for ORS 133.410 to 133.440
133.430
Authority to make arrest in fresh pursuit
133.440
Proceedings following arrest in fresh pursuit
133.450
Return of arrest warrant
133.455
Receipts for property taken from person in custody
133.460
Forfeiture of conveyances used unlawfully to conceal or transport stolen property
133.465
Seizure of stolen animals or other property being transported
133.470
Sale of seized property
133.475
Notice to owner
133.485
Perishable property
133.495
Retention of property to answer order of court
133.515
Interpreter to be made available to person with a disability
133.518
Duty of peace officer to request emergency medical services
133.525
Definitions for ORS 133.525 to 133.703
133.535
Permissible objects of search and seizure
133.537
Protection of things seized
133.539
Obtaining information from portable electronic devices
133.545
Issuance of search warrant
133.555
Hearing
133.565
Contents of search warrant
133.575
Execution of warrant
133.595
List of things seized
133.605
Use of force in executing warrants
133.615
Return of the warrant
133.617
“Mobile tracking device” defined
133.619
Execution of warrant authorizing mobile tracking device
133.621
Medical procedures
133.623
Handling and disposition of things seized
133.633
Motion for return or restoration of things seized
133.643
Ground for motion for return or restoration of things seized
133.653
Postponement of return or restoration
133.663
Disputed possession rights
133.673
Motions to suppress evidence
133.693
Challenge to truth of evidence
133.703
Identity of informants
133.705
Definitions for ORS 133.705 to 133.717
133.707
Custodian’s obligation to preserve biological evidence
133.709
Notice of intent to dispose
133.713
Inventory
133.715
Order
133.717
Provision of notice or order to defendant
133.721
Definitions for ORS 41.910 and 133.721 to 133.739
133.723
Records confidential
133.724
Order for interception of communications
133.726
Interception of oral communication without order
133.727
Proceeding under expired order prohibited
133.729
Recording intercepted communications
133.731
Inventory
133.733
Procedure for introduction as evidence
133.735
Suppression of intercepted communications
133.736
Suppression of intercepted oral communication
133.737
Disclosure and use of intercepted communications
133.739
Civil damages for willful interception, disclosure or use of communications
133.741
Law enforcement agency policies and procedures regarding video and audio recordings
133.743
Definitions for ORS 133.743 to 133.857
133.745
Determination of security requirements to carry out extradition
133.747
Fugitives from other states
133.753
Form of demand
133.757
Investigation of demand and report
133.763
Facts documents must show
133.767
Extradition of person not present in demanding state at time of commission of crime
133.773
Governor’s warrant of arrest
133.777
Execution of the warrant
133.783
Authority of arresting officer to command assistance
133.787
Rights of arrested person
133.793
Penalty for disobedience to ORS 133.787
133.797
Confinement of prisoner
133.803
Arrest prior to requisition
133.805
Arrest without warrant
133.807
Commitment to await arrest on requisition
133.809
Release
133.813
Proceedings in absence of arrest under executive warrant within specified time
133.815
Forfeiture
133.817
Persons under criminal prosecution in this state at time of requisition
133.823
When guilt of accused may be inquired into
133.825
Governor may recall warrant
133.827
Warrant to agent to return fugitive from this state
133.833
Application for requisition
133.835
Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
133.837
Appointment of agent to return fugitive from this state who waives extradition
133.839
Immunity from civil process in certain civil cases
133.843
Written waiver of extradition proceedings
133.845
Nonwaiver by this state
133.847
Trial of extradited person for other crimes
133.853
Construction of Act
133.855
Short title
133.857
Payment of agent’s expenses
133.865
Arrest and Return Account
133.870
Release of booking photo by law enforcement agency
133.875
Removal of booking photo from publication or website
133.992
Penalties
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