ORS  Guide
Arrest and citation
ORS > Vehicle Code > Miscellaneous > 810.410
(1) a police officer may arrest or issue a citation for a traffic crime at any place per 133.235 (arrest by peace officer) & 133.310 (peace officer arrest authority without warrant) [Be sure to refer to agency policy]
(2) a police officer may arrest or issue a citation for a traffic crime at any place:
(a) when the violation is committed in the officer's presence OR
(b) when the officer has PC to believe an offense has occurred based on a description of the vehicle or other information received from a another police officer who observed the traffic violation.
(a) may not arrest a person for a traffic violation.
(b) may stop & detain a person for a traffic violation for the purposes of investigation reasonably related to the traffic violation, identification & issuance of citation.
(c) Mmy make an inquiry into circumstances arising during the course of a detention and investigation under paragraph (b) of this subsection that give rise to a reasonable suspicion of criminal activity.
Note:
This may not longer be the case due to Oregon vs Mario Arreola-Botello where the Oregon Supreme Court ruled that a police officer may only ask questions 'reasonably related' to the reason the driver was pulled over
(d) May make an inquiry to ensure the safety of the officer, the person stopped or others present, including an inquiry regarding the presence of weapons.
(e) may request consent to search in relation to the circumstances referred to in (c) of this subsection or to search for items of evidence otherwise subject to search or seizure under 133.535 (Permissible objects of search and seizure) only if the officer first informs the person that the person has the right to refuse the request. If consent is obtained, the officer shall ensure that there is a written, video or audio record that the person gave informed and voluntary consent to search. This subsection does not apply to implied consent searches described in 813.100 (implied consent - breath or blood test), 813.131 (implied consent - urine test) or 813.135 (implied consent - field sobriety tests).
(f) may use the degree of force reasonably necessary to make the stop & ensure the safety of the police officer, the person stopped or others present.
(g) may arrest a person as authorized by 133.310 (peace officer arrest authority without warrant) (2) if the person is stopped & detained pursuant to the authority in this statute.
(4) When a police officer at the scene of a traffic accident has reasonable grounds, based upon their personal investigation, to believe that a person involved in the accident has committed a traffic offense in connection with the accident, the officer may issue a citation for that offense. The authority under this subsection is in addition to any other authority to issue a citation for a traffic offense
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