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Legal Statutes: Oregon

UPDATED October 25, 2016

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Arrest

back to top133.310. Arrests without warrants

(1) A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following:

(a) A felony.

(b) A misdemeanor.

(c) An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor.

(d) Any other crime committed in the officer's presence.

(2) A peace officer may arrest a person without a warrant when the peace officer is notified by telegraph, telephone, radio or other mode of communication by another peace officer of any state that there exists a duly issued warrant for the arrest of a person within the other peace officer's jurisdiction.

(3) A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that:

(a) There exists an order issued pursuant to ORS 30.866, 107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020, 163.738, 163.765, 163.767 or 419B.845 restraining the person;

(b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720, 124.030, 163.741, 163.773 or 419B.845; and

(c) The person to be arrested has violated the terms of that order.

(4) A peace officer shall arrest and take into custody a person without a warrant if:

(a) The person protected by a foreign restraining order as defined by ORS 24.190 presents a copy of the foreign restraining order to the officer and represents to the officer that the order supplied is the most recent order in effect between the parties and that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order; and

(b) The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.

(5) A peace officer shall arrest and take into custody a person without a warrant if:

(a) The person protected by a foreign restraining order as defined by ORS 24.190 has filed a copy of the foreign restraining order with a court or has been identified by the officer as a party protected by a foreign restraining order entered in the Law Enforcement Data System or in the databases of the National Crime Information Center of the United States Department of Justice; and

(b) The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.

(6) A peace officer shall arrest and take into custody a person without a warrant if the peace officer has probable cause to believe:

(a) The person has been charged with an offense and is presently released as to that charge under ORS 135.230 to 135.290; and

(b) The person has failed to comply with a no contact condition of the release agreement.

Amended by Laws 1963, c. 448, § 1; Laws 1973, c. 836, § 72; Laws 1974, c. 42, § 2; Laws 1977, c. 845, § 2; Laws 1979, c. 522, § 2; Laws 1981, c. 780, § 8; Laws 1981, c. 818, § 2; Laws 1983, c. 338, § 887; Laws 1983, c. 661, § 7; Laws 1987, c. 730, § 4a; Laws 1989, c. 171, § 15; Laws 1991, c. 208, § 2; Laws 1991, c. 222, § 2; Laws 1993, c. 626, § 10; Laws 1993, c. 731, § 3; Laws 1995, c. 353, § 11; Laws 1995, c. 666, § 24; Laws 1997, c. 249, § 45; Laws 1997, c. 863, § 2; Laws 1999, c. 250, § 2; Laws 1999, c. 1040, § 8; Laws 1999, c. 1051, § 68; Laws 2005, c. 753, § 1; Laws 2013, c. 687, § 15, eff. July 29, 2013, operative Jan. 1, 2014.