2007 ORS § 133.235¹

Arrest by peace officer
  • procedure

(1) A peace officer may arrest a person for a crime at any hour of any day or night.

(2) A peace officer may arrest a person for a crime, pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant) (1), whether or not such crime was committed within the geographical area of such peace officer’s employment, and the peace officer may make such arrest within the state, regardless of the situs of the offense.

(3) The officer shall inform the person to be arrested of the officer’s authority and reason for the arrest, and, if the arrest is under a warrant, shall show the warrant, unless the officer encounters physical resistance, flight or other factors rendering this procedure impracticable, in which case the arresting officer shall inform the arrested person and show the warrant, if any, as soon as practicable.

(4) In order to make an arrest, a peace officer may use physical force as justifiable under ORS 161.235 (Use of physical force in making an arrest or in preventing an escape), 161.239 (Use of deadly physical force in making an arrest or in preventing an escape) and 161.245 ("Reasonable belief" described).

(5) In order to make an arrest, a peace officer may enter premises in which the officer has probable cause to believe the person to be arrested to be present.

(6) If after giving notice of the officer’s identity, authority and purpose, the officer is not admitted, the officer may enter the premises, and by a breaking, if necessary.

(7) A person may not be arrested for a violation except to the extent provided by ORS 153.039 (Stop and detention for violation) and 810.410 (Arrest and citation). [1973 c.836 §71; 1981 c.818 §1; 1999 c.1051 §67]

See also annota­tions under ORS 133.240, 133.270, 133.290, 133.300, 133.320 and 133.330 in permanent edi­tion.

Notes of Decisions

Under Former Similar Statute

Require­ment of announce­ment and refusal stems from common law. State v. Mitchell, 6 Or App 378, 487 P2d 1156 (1971), Sup Ct review denied; State v. Gassner, 6 Or App 452, 488 P2d 822 (1971)

Require­ment of announce­ment and refusal may be dispensed with where notice would imperil of­fi­cer, facilitate escape or allow destruc­tion of evidence. State v. Mitchell, 6 Or App 378, 487 P2d 1156 (1971), Sup Ct review denied; State v. Gassner, 6 Or App 452, 488 P2d 822 (1971)

Evidence seized in viola­tion of local statute may be suppressed; if seized in viola­tion of United States Constitu­tion, it must be suppressed. State v. Gassner, 6 Or App 452, 488 P2d 822 (1971)

Exigent circumstances existed which justified of­fi­cer's entry without first giving notice of his authority and purpose. State v. Mitchell, 6 Or App 378, 487 P2d 1156 (1971), Sup Ct review denied; State v. Larkens, 8 Or App 162, 493 P2d 172 (1972)

Evidence secured by entry not in compliance with this sec­tion shall not be excluded. State v. Valentine, 264 Or 54, 504 P2d 84 (1972), cert. denied, 412 US 948

In General

Where arresting of­fi­cers entered house in which victim believed burglar lived within 10 to 15 minutes after report of burglary, circumstances were sufficiently exigent to justify entry to make probable cause arrest. State v. Ellett, 33 Or App 447, 576 P2d 839 (1978)

Absent exigent circumstances or hot pursuit, police of­fi­cers who have probable cause to arrest a per­son may not forcibly enter a per­son's home for that purpose in absence of having secured a warrant. State v. Olson, 287 Or 157, 598 P2d 670 (1979)

This sec­tion did not authorize Tigard police of­fi­cer to serve summons on defendant at her Lake Oswego residence for an of­fense committed in Tigard. State v. Huffman, 49 Or App 823, 621 P2d 78 (1980)

Where police identified themselves but did not announce purpose before entering defendant's mother's house to arrest defendant, mo­tion to suppress confession as fruit of illegal arrest was properly denied. State v. Bishop, 288 Or 349, 605 P2d 642 (1980)

Officers who enter premises with valid arrest warrant to make arrest under this sec­tion must meet same test for showing probable cause to believe per­son is on premises as is re­quired to support issuance of search warrant under ORS 133.545 (Issuance and execution of search warrant). State v. Munro, 96 Or App 238, 772 P2d 1353 (1989)

This sec­tion includes apprehension of peril excep­tion to knock and announce require­ment if specific and articulable facts known at time of entry, taken together with ra­tional inferences that may be drawn from facts, would lead reasonable per­son to believe that compliance would create risk to police of­fi­cer's safety. State v. Ford, 310 Or 623, 801 P2d 754 (1990)

Atty. Gen. Opinions

In General

Authority of Oregon Liquor Control Commission to arrest or issue cita­tion, (1974) Vol 36, p 1066; applica­tion to arrests by weighmaster, (1979) Vol 39, p 528

Law Review Cita­tions

Under Former Similar Statute

8 WLJ 107-114, 224-228 (1972); 10 WLJ 30, 66 (1973)


1 Legislative Counsel Committee, CHAPTER 133—Arrest and Related Procedures; Search and Seizure; Extradition, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­133.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 133, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­133ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.