Title 14, Procedure in Criminal Matters Generally

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 autho…

(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 unkno…

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 a…

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. [Amended by 1961 c.724 §27; 1969 c.198 §59; 1977 c.746 §1; 1995 c.65…

(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 prot…

(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: (…

(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 …

(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 c…

(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 th…

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. [1969 c.244 §6; 1999 c.10…

(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…

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 o…

(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 …

(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 offic…

(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 c…

(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 …

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 o…

(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…

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…

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,…

(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 …

(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 …

(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) …

(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 bel…

(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 for which the maximum penalty allowed by law is equal to or grea…

(1) No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055 (2) or 133.310 (3) or (5) provided the peace officer acts in good faith and without malice. (2) No peace officer shall be criminally or civilly liable for any arrest made …

(1) Any person who provides to a peace officer a copy of a writing purporting to be a foreign restraining order as defined by ORS 24.190 knowing that no valid foreign restraining order is in effect shall be guilty of a Class A misdemeanor. (2) Any person who represents to a peace…

When a crime is committed in the presence of a magistrate, the magistrate may, by a verbal or written order, command any person to arrest the offender and may thereupon proceed as if the offender had been brought before the magistrate upon a warrant of arrest. [Amended by 1973 c.…

Whenever any person has been indicted or accused on oath of any public offense, or thereof convicted, and a warrant of arrest has been issued, the magistrate issuing the warrant, or any judge of the Supreme Court, or of the Court of Appeals, or of a circuit or county court, may i…

As used in ORS 133.375 to 133.381: (1) “Animal” has the meaning given that term in ORS 167.310. (2) “Owner” or “person” includes corporations as well as individuals. [Formerly 770.210; 1985 c.662 §11; 2011 c.9 §6]

(1) Any person violating ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace. (2) The person making the arrest, with or without warrant, shall use reasonable d…

It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428 for any violation which comes to the knowledge or notice of the officer. [Formerly 770.240; 1983 c.648 §3; 1985 c.662 §13; 2001 c.926 §17…

(1) When a peace officer arrests a person pursuant to ORS 133.310 (3) or pursuant to a warrant issued under ORS 33.075 by a court or judicial officer for the arrest of a person charged with contempt for violating an order issued under ORS 107.095 (1)(c) or (d), 107.716, 107.718, …

(1) A custodial interview conducted by a peace officer in a law enforcement facility shall be electronically recorded if the interview is conducted in connection with an investigation into aggravated murder as defined in ORS 163.095 or a crime listed in ORS 137.700 or 137.707. (2…

(1)(a) A custodial interview inside a law enforcement facility that is conducted by a peace officer, a school resource officer or a special campus security officer shall be electronically recorded if the custodial interview is conducted with a person under 18 years of age in conn…

(1) A statement made by a person during a custodial interview conducted by a peace officer is presumed to be involuntary if the person is under 18 years of age and the statement is made in connection with an investigation into a misdemeanor or a felony, or an allegation that the …

(1) As used in ORS 133.405 to 133.408: (a) “Adjoining state” means California, Idaho, Nevada or Washington. (b) “Certified peace officer” means a regularly employed peace officer or police officer from an adjoining state, including a peace officer or police officer employed by a …

(1) A certified peace officer who exercises authority under ORS 133.405 and the officer’s employing agency are subject to the same civil immunities and liabilities as a peace officer and the peace officer’s employing agency in Oregon. (2) A certified peace officer who exercises a…

(1) ORS 133.405 and 133.407 do not limit the authority of an officer of another state to make an arrest or take other action under ORS 133.410 to 133.440. ORS 133.405 and 133.407 apply only in the absence of a mutual aid agreement between the State of Oregon and an adjoining stat…

ORS 133.410 to 133.440 may be cited as the Uniform Act on Fresh Pursuit.

As used in ORS 133.410 to 133.440: (1) “Fresh pursuit” includes fresh pursuit as defined by the common law; the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony; and the pursuit of a person suspected of having committed a …

(1) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is…

If an arrest is made in this state by an officer of another state in accordance with ORS 133.430, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of de…

(1) If the defendant is arrested in the county in which the warrant issued, the defendant shall be taken before the magistrate who issued the warrant, or, if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county; but if the…

(1) Whenever any jailer, peace officer or health officer takes or receives any money or other valuables from any person in custody for safekeeping or for other purposes, the officer or jailer receiving such valuables or money forthwith shall tender one of duplicate receipts for t…

(1) Any boat, vehicle, aircraft or other conveyance used by or with the knowledge of the owner or the person operating or in charge thereof, other than stolen conveyances, in the unlawful transportation of livestock, livestock carcasses, poultry or other personal property, as pro…

(1) When any peace officer discovers any person in the act of transporting any stolen live meat food animal or fowl, any meat food animal or fowl carcass, or any part thereof, or any wool, hides, grain or any other article which has been stolen in or upon any vehicle, boat, aircr…

(1) The court, upon conviction of the person arrested pursuant to ORS 133.465, shall, unless the bona fide owner or a bona fide lienholder registers an objection as provided in this section, subject to the ownership rights of innocent third parties, order a sale of the property a…

If no one claims the vehicle or other conveyance, as provided in ORS 133.470, the taking of the same with description thereof shall be advertised in some daily newspaper published in the city or county where taken or, if there is no daily newspaper published in such county or cit…