Oregon · statute · Or. Rev. Stat. ch. 133 · 132 active provisions
As used in ORS 133.005 to 133.400 and 133.410 to 133.450, unless the context requires otherwise: (1) “Arrest” means to place a person under actual or constructive restraint or to take a person into custody for the purpose of charging that person with an offense. A “stop” as authorized under ORS 131.605 to 131.625 is no…
(1) An information or complaint is sufficient if it can be understood therefrom that: (a) The defendant is named, or if the name of the defendant cannot be discovered, the defendant is described by a fictitious name, with the statement that the real name of the defendant is unknown to the complainant. (b) The offense w…
An information or complaint shall contain substantially the following: (1) The name of the court in which it is filed; (2) The title of the action; (3) A statement that accuses the defendant or defendants of the designated offense or offenses; (4) A separate accusation or count addressed to each offense charged, if the…
A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.
The following persons are magistrates: (1) Judges of the Supreme Court; (2) Judges of the Court of Appeals; (3) Judges of the circuit court; (4) County judges and justices of the peace; and (5) Municipal judges.
(1) Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions. (2) As used in this section, “community caretaking functions” means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. “Community caretaking fu…
(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 and, with the person’s consent or permission, may apply to a circuit court for the order when the peace officer has probable cause to believe: (a)(A) The peace officer has responded to…
(1) Law enforcement agencies in this state are encouraged to, in lieu of citation or arrest, or after citation or arrest but before referral to the district attorney, refer a person to a deflection program when the person is suspected of committing, or has been cited or arrested for, unlawful possession of a controlled…
(1) A peace officer may issue a criminal citation to a person if the peace officer has probable cause to believe that the person has committed a misdemeanor or has committed any felony that is subject to misdemeanor treatment under ORS 161.705. The peace officer shall deliver a copy of the criminal citation to the pers…
(1) Except as provided in subsections (3) and (4) of this section, a person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited at the time, date and court specified in the citation, which shall not be later than 30 days after the date the citation w…
If a criminal citation is issued as described in ORS 133.055, the peace officer shall serve one copy on the person arrested and shall, as soon as practicable, file a duplicate copy with the magistrate specified in ORS 133.055 along with proof of service.
(1) A criminal citation may include a complaint or may be issued without a form of complaint. If a criminal citation is issued without a complaint, the citation must be in the form provided by ORS 133.068. If a criminal citation is issued with a complaint, the citation must be in the form provided by ORS 133.069. (2) A…
A criminal citation issued without a form of complaint must contain: (1) The name of the court at which the cited person is to appear. (2) The name of the person cited. (3) A brief description of the offense for which the person is charged, the date, time and place at which the offense occurred, the date on which the c…
(1) A criminal citation issued with a form of complaint must contain: (a) The name of the court at which the cited person is to appear. (b) The name of the person cited. (c) A complaint containing at least the following: (A) The name of the court, the name of the state or of the city or other public body in whose name…
(1) In any instance in which a person is subject to arrest without a warrant for violation of an ordinance of a county, city or municipal corporation, any peace officer who is authorized to make the arrest may make the arrest or in lieu of taking the person into custody the officer may issue and serve a criminal citati…
(1) Notwithstanding ORS 133.065, a peace officer, following procedures established by court rule, may file a criminal citation with or without a form of complaint with the court by electronic means, without an actual signature of the officer, in lieu of filing a duplicate paper copy of the citation. A criminal citation…
(1) A person commits the offense of failure to appear on a criminal citation if the person has been served with a criminal citation issued under ORS 133.055 to 133.076 and the person knowingly fails to do any of the following: (a) Make an appearance in the manner required by ORS 133.060. (b) Make appearance at the time…
If an information or a complaint has been filed with the magistrate, and the magistrate is satisfied that there is probable cause to believe that the person has committed the crime specified in the information or complaint, the magistrate shall issue a warrant of arrest. If the offense is subject to issuance of a crimi…
(1) A judge of the Supreme Court or the Court of Appeals may issue a warrant of arrest for any crime committed or triable within the state, and any other magistrate mentioned in ORS 133.030 may issue a warrant for any crime committed or triable within the territorial jurisdiction of the magistrate’s court. (2) Notwiths…
A warrant of arrest shall: (1) Be in writing; (2) Specify the name of the person to be arrested, or if the name is unknown, shall designate the person by any name or description by which the person can be identified with reasonable certainty; (3) State the nature of the crime; (4) State the date when issued and the cou…
An arrest may be effected by: (1) A peace officer under a warrant; (2) A peace officer without a warrant; (3) A parole and probation officer under a warrant as provided in ORS 133.239; (4) A parole and probation officer without a warrant for violations of conditions of probation, parole or post-prison supervision; (5)…
(1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate…
(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, pursuant to ORS 133.310 (1), whether or not such crime was committed within the geographical area of such peace officer’s employment, and the peace officer may make such arrest withi…
(1) As used in this section, “parole and probation officer” has the meaning given that term in ORS 181A.355. (2) A parole and probation officer may arrest a person if the person is being supervised by the Department of Corrections or a county community corrections agency. (3)(a) A parole and probation officer making an…
(1) A federal officer may arrest a person: (a) For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime. (b) For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime. (c)…