ORS  Guide
Law Enforcement
Community caretaking
ORS > Procedural Statutes > Law Enforcement > 133.033
(1) except as otherwise expressly prohibited by law, any peace officer is authorised to perform community caretaking functions
(2) functions includes, but not limited to:
(a) the right to enter or remain on another's premises if it reasonably appears to be necessary to:
(A) prevent serious harm to any person or property
(B) render aid to injured or ill persons OR
(C) locate missing persons.
(b) the right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:
(A) prevent serious harm to any person or property;
(B) render aid to injured or ill persons OR
(C) locate missing persons.
(3) nothing in this statute constrains a peace officer's authority inherent in their office or the authority granted by any other provision of law
Criminal citation
ORS > Procedural Statutes > Law Enforcement > 133.055
(1) a peace officer may issue a criminal citation to a person if they have PC to believe that they had committed a misdemeanor or any felony subject to misdemeanor treatment per 161.705. The officer will deliver a copy of the criminal citation to the person. The criminal citation will require appearance before the magistrate's court where the person would have been taken if they had been arrested per return of arrest warrant.
(2)(a) regardless of (1) when responding to a domestic disturbance & having PC that an assault has occurred between family members or household members, or that one such person placed the other in fear of imminent serious physical injury, a peace officer will arrest & take into custody the alleged or potential assailant.
(b) when a peace officer makes an arrest under (a), they're not required to arrest both persons
(c) when a peace officer makes an arrest under (a), they will make every effort to determine who the assailant or potential assailant was by considering, among other factors:
(A) the comparative extent of the injuries inflicted or the seriousness of threats creating a fear of physical injury
(B) if reasonably discoverable, the history of domestic violence between the persons involved
(C) whether any alleged crime was committed in self-defense AND
(D) the potential for future assaults.
(d) assault includes conduct constituting strangulation
(3) Whenever any peace officer has reason to believe that a family member or household member has been abused, or that an elderly person or a person with a disability has been abused, the officer will use all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community & giving each person immediate notice of the legal rights and remedies available. the notice shall consist of handing each person a copy of the following statement:

IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE OR ABUSE, you can ask the district attorney to file a criminal complaint. You also have the right to go to the circuit court and file a petition requesting any of the following orders for relief: (a) An order restraining your attacker from abusing you; (b) an order directing your attacker to leave your household; (c) an order preventing your attacker from entering your residence, school, business or place of employment; (d) an order awarding you or the other parent custody of or parenting time with a minor child or children; (e) an order restraining your attacker from molesting or interfering with minor children in your custody; (f) an order awarding you other relief the court considers necessary to provide for your or your children's safety, including emergency monetary assistance. Such orders are enforceable in every state.

You may also request an order awarding support for minor children in your care or for your support if the other party has a legal obligation to support you or your children.

You also have the right to sue for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other out-of-pocket expenses for injuries sustained and damage to your property. This can be done without an attorney in the small claims department of a court if the total amount claimed is under $10,000.

Similar relief may also be available in tribal courts.

For further information you may contact:
Dispersal of unlawful or riotous assemblages
ORS > Procedural Statutes > Law Enforcement > 131.675
When any five (5) or more persons, whether armed or not, are unlawfully or riotously assembled in any county, city, town or village, the sheriff of the county and the deputies of the sheriff, the mayor of the city, town or village, or chief executive officer or officers thereof, and the justice of the peace of the district where the assemblage takes place, or such of them as can forthwith be collected, shall go among the persons assembled, or as near to them as they can with safety, and command them in the name of the State of Oregon to disperse. If, so commanded, they do not immediately disperse, the officer must arrest them or cause them to be arrested; and they may be punished according to law
Ex parte emergency protective orders
ORS > Procedural Statutes > Law Enforcement > 133.035
(1) a peace officer may inform a person in danger of abuse of the officer's ability to apply for an ex parte emergency protective order [EPO] &, with the person's consent or permission, may apply to a circuit court for the order when the peace officer has PC to believe:
(a)(A) the peace officer has responded to an incident of domestic disturbance & the circumstances for mandatory arrest exist as described 133.055 (criminal citation) (2)(a) OR
(B) the person is in immediate danger of abuse by a family member or household member AND
(b) an EPO is necessary to prevent the person from suffering the occurrence or recurrence of abuse
(2)(a) An application for an EPO described in (1) will consist of the proposed EPO & the peace officer's declaration under penalty of perjury setting forth the facts & circumstances underlying entry of the order
(b) the proposed EPO and the declaration may be sent to the court by electronic transmission that delivers a complete printable image of the order & signed declaration.
(3) on examining the application, a circuit court may enter an emergency protective order if the court finds there is probable cause that:
(a)(A) the peace officer has responded to an incident of domestic disturbance & the circumstances for mandatory arrest exist as described 133.055 (criminal citation) (2)(a) OR
(B) A person is in immediate danger of abuse by a family member or household member AND
(b) an EPO is necessary to prevent a person from suffering the occurrence or recurrence of abuse.
(4) an EPO entered under (3) will:
(a) restrain the respondent from contacting the person protected by the order & from intimidating, molesting, interfering with or menacing the person, or attempting to do so
(b) include the findings of probable cause authorizing order's issuance
(c) state the date that the order expires AND
(d) state a security amount for a violation of the order
(5) if the circuit court enters an EPO under (3):
(a) the peace officer will without charge provide a certified true copy of the EPO to the protected person & will ensure that certified true copies of the order & declaration are filed with the court
(b) a peace officer will serve the respondent personally. On completion of service, the peace officer will prepare a declaration under penalty of perjury of proof of service verifying that the EPO was served personally on the respondent, file a copy of the declaration with the court & enter the order into LEDS
(c) if the peace officer cannot complete service within 1 day of the EPO's entry, they shall notify the court that the documents have not been served
(6) Entry into LEDS constitutes notice to all LEAs of EPO's existence. LEAs will establish procedures adequate to ensure that an officer at the scene of an alleged EPO violation may be informed of the existence & terms of the order. An EPO is fully enforceable in any county or tribal land in this state
(7)(a) an EPO expires seven (7) calendar days from the date the court signs the order
(b) An EPO will remain in effect until the order expires or is terminated by court order. If the order is terminated, the clerk of the court will immediately have a copy of the termination order delivered to the peace officer who originally applied for the order. On receipt of the termination order, the peace officer will promptly remove the emergency protective order from LEDS
(8)(a) regardless of (1) when a peace officer responds to a domestic disturbance & has PC that an assault has occurred between family members or household members, or to believe that one such person has placed the other in fear of imminent serious physical injury, the officer will arrest & take into custody the alleged assailant or potential assailant.
(b) pending a contempt hearing for an alleged violation of an EPO, a person arrested & taken into custody pursuant per 133.310 (peace officer arrest authority without warrant) may be released as provided in 135.230 (definitions) to 135.290 (punishment by contempt of court)
(10) a peace officer acting in good faith will not be liable in any civil action for applying to or not applying to a circuit court for an ex parte emergency protective order under this section
Missing Persons
ORS > Procedural Statutes > Law Enforcement > 146.181
(1) When a person is reported as missing to any city, county or state police agency, the agency, within twelve (12) hours, will enter into state and federal records maintained for that purpose, a report of the missing person in a format & according to procedures established by the authorities responsible respectively for the state and federal records
(2) the law enforcement agency to which the report is made:
(a) may request from the person making the report information or material likely to be useful in identifying the missing person or their human remains, including, but not limited to:
(A) the missing person' name & any alternative names they use
(B) the missing person's date of birth
(C) a physical description of the missing person, including their height, weight, gender, race, eye color, current hair color & natural hair color, any identifying marks, any prosthetics used by, or surgical implants, & any physical anomalies
(D) the missing person's blood type
(E) the missing person's driver license number
(F) the missing person's Social Security number of the missing person;
(G) a recent photograph of the missing person
(H) a description of the clothing the missing person is believed to have been wearing at the time they disappeared
(I) a description of items that the missing person is believed to have had with them at the time they disappeared
(J) the missing person's telephone numbers & email addresses
(K) the name & address of any school the missing person attends
(L) the name & address of the missing person's employer(s)
(M) the name & address of the physician, physician assistant, naturopathic physician, nurse practitioner or dentist who provides health care services to the missing person
(N) a description of any vehicle that the missing person might have been driving or riding in when they disappeared
(O) the reasons why the person making the missing person report believes the person is missing
(P) any circumstances that indicate that the missing person may be at risk of injury or death
(Q) any circumstances that may indicate that the disappearance is not voluntary
(R) information about a known or possible abductor or a person who was last seen with the missing person AND
(S) the date of the last contact with the missing person.
(b) may request in writing from any dentist, denturist, physician, physician assistant, naturopathic physician, nurse practitioner, optometrist or other medical practitioner possessing it such medical, dental or other physically descriptive information that's likely to be useful in identifying the missing person or their human remains
(3) the law enforcement agency, on obtaining information subject to paragraph (2), will make a supplementary entry containing that information into the state & federal records described in paragraph (1). The supplementary report will be in a format & according to procedures established by the authorities responsible respectively for the state & federal records
Officer's duty to report misconduct
ORS > Procedural Statutes > Law Enforcement > HB2929
(1) As used in this section, "misconduct" means:
(a) Unjustified or excessive force that is objectively unreasonable under the circumstances or in violation of the use of force policy for the law enforcement unit employing the offending officer
(b) Sexual harassment or sexual misconduct
(c) Discrimination against a person based on race, color, religion, sex, sexual orientation, national origin, disability or age OR
(d) A crime
(2) Without regard to rank or assignment, a police officer or reserve officer shall intervene to prevent or stop another police officer or reserve officer engaged in any act the intervening officer knows or reasonably should know is misconduct, unless the intervening officer cannot intervene safely
(3)(a) A police officer or reserve officer who witnesses another police officer or reserve officer engaging in misconduct or a violation of the minimum standards for physical, emotional, intellectual and moral fitness for public safety personnel established under 181A.410 (Minimum standards and training for certification) will report the misconduct or violation as soon as practicable, but no later than 72 hours after witnessing the misconduct or violation, to:
(A) A direct supervisor of the reporting officer
(B) A person in the reporting officer's chain of command OR
(C) DPSST
(b) If the person to whom a police officer reports misconduct or a violation under this paragraph doesn't have the authority to direct an investigation into the alleged misconduct or violation, the person will forward the report of misconduct or violation to someone who has the authority to direct an investigation into the alleged misconduct or violation as soon as practicable, but no later than 72 hours after receiving the report
(c) A law enforcement unit that receives a report of misconduct or violation under this paragraph will complete an investigation of the misconduct or violation within three (3) months after the date of the report unless circumstances prevent the investigation from being completed. The law enforcement unit will notify the DPSST when an investigation results in a finding that sustains a report of misconduct, but need not notify the department when an investigation results only in a finding that sustains a report of a violation of the minimum standards for physical, emotional, intellectual and moral fitness for public safety personnel established under 181A.410 (Minimum standards and training for certification)
(4) Failure to intervene or report as required by paragraphs (2) and (3) of this statute is grounds for disciplinary action against a police officer or reserve officer by the law enforcement unit employing the officer or for DPSST to suspend or revoke the officer's certification as provided in 181A.630 (Procedure for denial, suspension or revocation of application or certification), 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program) and 181A.650 (Judicial review of department's final order)
(5) An employer may not discharge, demote, suspend or in any manner discriminate or retaliate against a police officer or reserve officer with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the officer intervened or reported as required by paragraphs (2) and (3) of this statute. Violation of this subsection is an unlawful employment practice as provided in 659A.199 (Prohibited conduct by employer)
(6) DPSST will report at least annually to an appropriate committee of the Legislative Assembly on any rules adopted by the department implementing this statute
When person must be taken to treatment facility or sobering facility
ORS > Procedural Statutes > Law Enforcement > 430.399
(1) anyone who is intoxicated or under the influence of controlled substances in a public place may be sent home or taken to a sobering facility or to a treatment facility by a police officer. If the person is incapacitated, the person must be taken by the police officer to an appropriate treatment facility or sobering facility. If the health of the person appears to be in immediate danger, or the police officer has reasonable cause to believe the person is dangerous to themself or to anyone else, the person must be taken by the police officer to an appropriate treatment facility or sobering facility. A person will be deemed incapacitated when in the opinion of the police officer the person is unable to make a rational decision as to acceptance of assistance
(2) when anyone is taken to a treatment facility, the director of the treatment facility will determine whether the person will be admitted as a patient, referred to another treatment facility or a sobering facility or denied referral or admission. If the person is incapacitated or the health of the person appears to be in immediate danger, or if the director has reasonable cause to believe the person is dangerous to themself or to anyone else, the person must be admitted. The person will be discharged within 48 hours unless they have applied for voluntary admission to the treatment facility.
(3) when anyone is taken to a sobering facility, the staff of the facility will, consistent with the facility's comprehensive written policies & procedures, determine whether or not the person will be admitted into the facility. A person who is admitted will be discharged from the sobering facility within 24 hours
(4) in the absence of any appropriate treatment facility or sobering facility, or if a sobering facility determines that a person shouldn't be admitted, an intoxicated person or a person under the influence of controlled substances who would otherwise be taken by the police officer to a treatment facility or sobering facility may be taken to the city or county jail where the person may be held until no longer intoxicated, under the influence of controlled substances or incapacitated
(5) An intoxicated person or person under the influence of controlled substances, when taken into custody by the police officer for a criminal offense, shall immediately be taken to the nearest appropriate treatment facility when the condition of the person requires emergency medical treatment
(6) The records of a person at a treatment facility or sobering facility may not, without the person's consent, be revealed to any person other than the director and staff of the treatment facility or sobering facility. A person's request that no disclosure be made of admission to a treatment facility or sobering facility shall be honored unless the person is incapacitated or disclosure of admission is required by 430.397 (Voluntary admission of person to treatment facility)
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