Title 14, Procedure in Criminal Matters Generally

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…

If any of the property seized, as provided in ORS 133.465, is perishable, or livestock or fowls where the cost of keeping is great, the sheriff shall, upon order of the court, sell the same in the manner in which property is sold on execution. [Formerly 142.120]

The proceeds of the sale mentioned in ORS 133.485 and other property seized shall be retained by liens, if not released on bond, to answer any order that may be entered by the court upon the trial of the person arrested. [Formerly 142.130]

(1) As used in this section: (a) “Person with a disability” means a person who cannot readily understand or communicate the English language, or cannot understand the proceedings or a charge made against the person, or is incapable of presenting or assisting in the presentation o…

When a peace officer, as defined in ORS 161.015, encounters a restrained person suffering a respiratory or cardiac compromise, the officer shall request emergency medical services immediately if: (1) It is tactically feasible to request emergency medical services; and (2) The off…

As used in ORS 133.525 to 133.703, unless the context requires otherwise: (1) “Interrelated conduct” means engaging in at least two incidents of activity that: (a) Have the same or similar intents, results, accomplices, victims or methods of commission, or are otherwise interrela…

The following are subject to search and seizure under ORS 133.525 to 133.703: (1) Evidence of or information concerning the commission of a criminal offense; (2) Contraband, the fruits of crime, or things otherwise criminally possessed; (3) Property that has been used, or is poss…

(1) In all cases of seizure, an agency that seizes property shall take reasonable steps to safeguard and protect the things seized against loss, damage and deterioration. (2) Notwithstanding subsection (1) of this section, an agency that seizes property is not liable for loss, da…

(1) As used in this section: (a)(A) “Forensic imaging” means using an electronic device to download or transfer raw data from a portable electronic device onto another medium of digital storage. (B) “Forensic imaging” does not include photographing or transcribing information obs…

(1) A search warrant may be issued only by a judge. A search warrant issued by a judge of the Supreme Court or the Court of Appeals may be executed anywhere in the state. Except as otherwise provided in subsections (2), (3) and (4) of this section, a search warrant issued by a ju…

(1) Before acting on the application, the judge may examine on oath the affiants, and the applicant and any witnesses the applicant may produce, and may call such witnesses as the judge considers necessary to a decision. The judge shall make and keep a record of any testimony tak…

(1) A search warrant shall be dated and shall be addressed to and authorize its execution by an officer authorized by law to execute search warrants. (2) The warrant shall state, or describe with particularity: (a) The identity of the judge issuing the warrant and the date the wa…

(1) Except as provided in ORS 136.583, a search warrant may be executed only within the period and at the times authorized by the warrant and only by a police officer. A police officer charged with its execution may be accompanied by such other persons as may be reasonably necess…

Except as provided in ORS 133.619, promptly upon completion of the search, the officer shall make a list of the things seized, and shall deliver a receipt embodying the list to the person from whose possession they are taken, or the person in apparent control of the premises or v…

(1) The executing officer and other officers accompanying and assisting the officer may use the degree of force, short of deadly physical force, against persons, or to effect an entry, or to open containers, as is reasonably necessary for the execution of the search warrant with …

(1) If a search warrant is not executed within the time specified by the warrant, the officer shall forthwith return the warrant to the issuing judge. (2) An officer who has executed a search warrant shall, as soon as is reasonably possible and in no event later than the date spe…

As used in ORS 133.545 and 133.619, unless the context requires otherwise, “mobile tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object. [1989 c.983 §1] Note: 133.617 and 133.619 were enacted into law by the Le…

(1) A warrant authorizing the installation or tracking of a mobile tracking device shall be executed as provided in this section. (2) The officer need not inform any person of the existence or content of the warrant prior to its execution. (3) Except as provided in subsection (4)…

A duly licensed physician, or a person acting under the direction or control of a duly licensed physician, may withdraw bodily substances, pierce human tissue, perform medical tests and procedures and otherwise use medical procedures to gather evidence in a criminal investigation…

(1) The provisions of subsections (2), (3) and (4) of this section apply to all cases of seizure, except for a seizure made under a search warrant. (2) If an officer makes an arrest in connection with the seizure, the officer shall, as soon thereafter as is reasonably possible, m…

(1) Within 90 days after actual notice of any seizure, or at such later date as the court in its discretion may allow: (a) An individual from whose person, property or premises things have been seized may move the appropriate court to return things seized to the person or premise…