ORS  Guide
Arrest & Detention
Arrest by parole & probation officer
ORS > Procedural Statutes > Arrest & Detention > 133.239
(2) a parole & probation officer may make an arrest if the arrestee is being supervised by the Department of Corrections or a county community corrections agency
(3)(a) a parole & probation officer making an arrest under this section will, without unnecessary delay, take the arrestee before a magistrate or deliver them to a peace officer
(b) the parole & probation officer retains authority over the arrestee only until the arrestee appears before a magistrate or until the law enforcement agency with jurisdiction over the area where the arrest took place assumes responsibility for the arrestee
Arrest by peace officer
ORS > Procedural Statutes > Arrest & Detention > 133.235
(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, per 133.310 (peace officer arrest authority without warrant) (1), regardless of if the crime was committed in the geographical area of the officer's employment, & the arrest may be made within the state regardless of where the offense was committed.
(3) the officer will inform arrestee of the officer's authority & reason for the arrest and if the arrest is under a warrant, will show the warrant unless the officer encounters physical resistance, flight or other factors rendering this procedure impracticable. In such a case, the arresting officer will inform the arrestee & show any warrant as soon as practicable
(5) a peace officer may enter premises in which the officer has PC to believe the person to be arrested to be present.
(6) if after giving notice of their, authority & purpose, the officer is not admitted, they may enter the premises, by breaking in, if necessary.
(7) a person may not be arrested for a violation except to the extent provided by 153.039 (stop & detention for violation) & 810.410 (arrest and citation)
Arrest by private person
ORS > Procedural Statutes > Arrest & Detention > 133.225
(1) a private person may arrest another person for any crime committed in their presence if they have PC to believe the arrested person committed the crime. A private person making an arrest will, without unnecessary delay, take the arrested person before a magistrate or deliver them to a peace officer.
(2) in order to make the arrest a private person may use justifiable physical force per 161.255 (use of physical force by private person making citizen's arrest)
Fugitive from other states
ORS > Procedural Statutes > Arrest & Detention > 133.747
Subject to the qualifications of 133.743 (Definitions...) to 133.857 (Payment of agent's expenses) and the provisions of the Constitution of the United States controlling, and Acts of Congress in pursuance thereof, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.
Parole, Probation violation warrant
ORS > Procedural Statutes > Arrest & Detention > 144.350
(1)(a) The Department of Corrections or other supervisory authority may order the arrest & detention of any person under their supervision, custody or control when they're informed & have reasonable grounds to believe that the person has:
(A) violated the conditions of parole, post-prison supervision, probation, conditional pardon or other conditional release from custody OR
(B) escaped from the supervision, custody or control of the department or other supervisory authority.
(b) before issuing an order under (a)(A), the department or other supervisory authority must investigate whether the terms of the parole, post-prison supervision, probation, conditional pardon or other conditional release have been violated
(2) regardless of (1), the department or other supervisory authority may order the arrest & detention of any person under its supervision or control if it has reasonable grounds to believe that the person is a danger to themself or others. A hearing will follow as promptly as convenient to the parties to determine whether probable cause exists to continue detention pending a final determination of the case
Peace officer arrest authority without warrant
ORS > Procedural Statutes > Arrest & Detention > 133.310
(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 that has a maximum penalty greater than the maximum penalty allowed for a C misdemeanor.
(d) any other crime committed in the officer's presence
(2) a peace officer may arrest a person without a warrant when any peace officer in any state notifies them by telephone, radio or other communications mode that there's a duly issued warrant for the arrest of a person within the first officer's jurisdiction.
(3) A peace officer will arrest and take into custody a person without a warrant when they have probable cause to believe that:
(a) There exists an order restraining the person issued pursuant to:
• 30.866|30.866 (Action for issuance or violation of stalking protective order)
(b) A true copy of the order & proof of service on the person has been filed as required by:
(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) a person protected by a foreign restraining order presents a copy of it to the officer & represents that the order is the most recent one in effect between the parties & that the person restrained by the order has been personally served with or has actual notice of the order AND
(b) the 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 will arrest a person & take them into custody if:
(a) a person protected by a foreign restraining order has filed a copy of the order with a court or has been identified by the officer as a party protected by a foreign restraining order entered in LEDS or NCIC AND
(b) the 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 will arrest a person without a warrant & take them into custody if they have probable cause to believe:
(a) the person has been charged with an offense and is has been released in regards that charge under 135.230 to 135.290 (punishment by contempt of court) AND
(b) the person has failed to comply with a no contact condition of the release agreement.
Police officer hold (POH) custody
ORS > Procedural Statutes > Arrest & Detention > 426.228
(1) A peace officer can take someone into custody who they have probable cause to believe is dangerous to themselves or to anyone else & who is in need of immediate care, custody or treatment for mental illness. As directed by the community mental health program director, a peace officer will remove a person taken into custody under this statute to the nearest hospital or non hospital facility approved by the Oregon Health Authority. The officer will prepare a written report & deliver it to the licensed independent practitioner who is treating the person. The report will state:
(a) the reason for custody
(b) the date, time & place the person was taken into custody AND
(c) the name of the community mental health program director & a telephone number where the director may be reached at all times
(2) a peace officer will take a person into custody when the community mental health program director, pursuant to 426.233 (Authority of community mental health program director and of other individuals), notifies the peace officer that the director has probable cause to believe that the person is imminently dangerous to themselves or to anyone else. As directed by the community mental health program director, the peace officer will take the person to a hospital or non hospital facility approved by the authority. The community mental health program director will prepare a written report that the peace officer will deliver to the licensed independent practitioner who is treating the person. The report will state:
(a) the reason for custody
(b) the date, time & place the person was taken into custody AND
(c) the name of the community mental health program director & a telephone number where the director may be reached at all times
(3) if more than one (1) hour is required to transport the person to the hospital or non hospital facility from the location where they were taken into custody, the peace officer will obtain, if possible, a certificate from a licensed independent practitioner stating that the travel will not be detrimental to the person's physical health & that the person is dangerous to themselves or to others & is in need of immediate care or treatment for mental illness. The licensed independent practitioner shall have personally examined the person within twenty-four (24) hours prior to signing the certificate
(4) when a peace officer or other authorised individual, acting under this statute, delivers a person to a hospital or non hospital facility, a licensed independent practitioner will examine the person immediately. If the licensed independent practitioner finds the person to be in need of emergency care or treatment for mental illness, the licensed independent practitioner will proceed under 426.232 (Emergency admission), otherwise the person may not be kept in custody. If the person is to be released from custody, the peace officer or the community mental health program director will return the person to the place where they were taken into custody unless the person declines that service
(5) a peace officer may transfer a person in custody under this statute to the custody of an individual authorised by the community mental health program director under 426.233 (Authority of community mental health program director and of other individuals) (3). The peace officer may meet the authorised individual at any location that is in accordance with 426.140 (Place of confinement) to effect the transfer. When transferring a person in custody to an authorised individual, the peace officer shall deliver the report required under (1) & (2) to the authorised individual
(6) an individual authorised under 426.233 (Authority of community mental health program director and of other individuals) (3) will take a person into custody when directed to do so by a peace officer or by a community mental health program director under 426.233
(7) an individual authorised under 426.233 (Authority of community mental health program director and of other individuals) (3) will perform the duties of the peace officer or the community mental health program director required by this section & 426.233 (Authority of community mental health program director and of other individuals) if the peace officer or the director has not already done so.
(8) an individual authorised under 426.233 (Authority of community mental health program director and of other individuals) (3) may transfer a person in custody under this section to the custody of another individual authorised under 426.233 (Authority of community mental health program director and of other individuals) (3) or a peace officer. The individual transferring custody may meet another authorised individual or a peace officer at any location that is in accordance with 426.140 (Place of confinement) to effect the transfer
(9)(a) when a peace officer takes a person into custody under this section, & the peace officer reasonably suspects that the person is a foreign national, the peace officer will inform the person of their right to communicate with an official from their country's consulate
(b) a peace officer is not civilly or criminally liable for failure to provide the information required by this subsection. Failure to provide the information required by this subsection does not in itself constitute grounds for the exclusion of evidence that would otherwise be admissible in a proceeding
Probation violation
ORS > Procedural Statutes > Arrest & Detention > 137.545
(2) At any time during the probation period, the court may issue a warrant and cause a defendant to be arrested for violating any of the conditions of probation

Any police officer, parole officer or probation officer may arrest a probationer without warrant for violating any probation condition by providing a statement that in their judgement the probationer violated their probation conditions
Stop & detention for violation
ORS > Procedural Statutes > Arrest & Detention > 153.039
(1) an enforcement officer may not arrest, stop or detain a person for the commission of a violation except as provided in this section and 810.410 (arrest and citation)
(2) an enforcement officer may stop & detain any person if they have reasonable grounds to believe that the person has committed a violation. An enforcement officer may stop & detain any employee, agent or representative of a firm, corporation or other organization if the officer has reasonable grounds to believe that the firm, corporation or other organization has committed a violation.
(3) except as provided in (4) the detention may last only as long as is necessary to:
(a) establish the identity of the person, firm, corporation or organization believed to have committed the violation
(b) conduct any investigation reasonably related to the violation AND
(c) issue a citation for the violation
(4) the authority of an enforcement officer to stop and detain a person for a traffic violation as governed by 810.410 (arrest and citation)
Stopped persons - frisking
ORS > Procedural Statutes > Arrest & Detention > 131.625
(1) a peace officer may frisk a stopped person for dangerous or deadly weapons if the officer reasonably suspects that the person is armed & dangerous to the officer or other persons present. [See Terry stop case law]
(2) if, during the frisk, the peace officer feels an object which they reasonably suspect is a dangerous or deadly weapon, then they may take such action as is reasonably necessary to take possession of the weapon
+ Related statutes
Stopping of persons
ORS > Procedural Statutes > Arrest & Detention > 131.615
(1) a peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person &, after informing the person that the peace officer is a peace officer, make a reasonable inquiry
(2) the detention & inquiry must be conducted in the vicinity of the stop & for no longer than a reasonable time
(3) the inquiry shall be considered reasonable if limited to:
(a) the immediate circumstances arousing the officer's suspicion;
(b) other circumstances arising during the course of the detention & inquiry that give rise to a reasonable suspicion of criminal activity AND
(c) ensuring the safety of the officer, the stopped person or others present. This includes an inquiry regarding the presence of weapons.
(4) the inquiry may include a request for consent to search in relation to the circumstances specified in (3) or to search for items of evidence otherwise subject to 133.535 (permissible objects of search and seizure)
(5) a peace officer making a stop may use the degree of force reasonably necessary to make the stop & ensure the safety of the peace officer, the person stopped or others present.
© 2020 - 2021 Ross Dargahi - Disclaimer - About