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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.
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