ORS 133.310
Authority of peace officer to arrest without warrant


(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 greater than the maximum penalty allowed for a Class C misdemeanor.

(d)

Any other crime committed in the officer’s presence.

(2)

A peace officer may arrest a person without a warrant when the peace officer is notified by telegraph, telephone, radio or other mode of communication by another peace officer of any state that there exists a duly issued warrant for the arrest of a person within the other peace officer’s jurisdiction.

(3)

A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that:

(a)

There exists an order issued pursuant to ORS 30.866 (Action for issuance or violation of stalking protective order), 107.095 (Provisions court may make after commencement of suit and before judgment) (1)(c) or (d), 107.716 (Hearing), 107.718 (Restraining order), 124.015 (Hearing upon request of respondent), 124.020 (Ex parte hearing), 133.035 (Ex parte emergency protective orders), 163.738 (Effect of citation), 163.765 (Restraining order), 163.767 (Hearing) or 419B.845 (Restraining order when child abuse alleged) restraining the person;

(b)

A true copy of the order and proof of service on the person has been filed as required in ORS 107.720 (Enforcement of restraining orders), 124.030 (Proof of service of restraining order to be delivered to sheriff), 133.035 (Ex parte emergency protective orders), 163.741 (Service of stalking protective order), 163.773 (Enforcement of restraining order) or 419B.845 (Restraining order when child abuse alleged); and

(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)

The person protected by a foreign restraining order as defined by ORS 24.190 (Foreign restraining orders) presents a physical or electronic copy of the foreign restraining order to the officer and represents to the officer that the order supplied is the most recent order in effect between the parties and that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order; and

(b)

The peace 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 shall arrest and take into custody a person without a warrant if:

(a)

A foreign restraining order as defined by ORS 24.190 (Foreign restraining orders) has been filed with a court or has been entered into the Law Enforcement Data System or in the databases of the National Crime Information Center of the United States Department of Justice; and

(b)

The peace 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 shall arrest and take into custody a person without a warrant if the peace officer has probable cause to believe:

(a)

The person has been charged with an offense and is presently released as to that charge under ORS 135.230 (Definitions for ORS 135.230 to 135.290) 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. [Amended by 1963 c.448 §1; 1973 c.836 §72; 1974 c.42 §2; 1977 c.845 §2; 1979 c.522 §2; 1981 c.780 §8; 1981 c.818 §2; 1983 c.338 §887; 1983 c.661 §7; 1987 c.730 §4a; 1989 c.171 §15; 1991 c.208 §2; 1991 c.222 §2; 1993 c.626 §10; 1993 c.731 §3; 1995 c.353 §11; 1995 c.666 §24; 1997 c.249 §45; 1997 c.863 §2; 1999 c.250 §2; 1999 c.1040 §8; 1999 c.1051 §68; 2005 c.753 §1; 2013 c.687 §15; 2015 c.252 §2; 2021 c.326 §3]

Source: Section 133.310 — Authority of peace officer to arrest without warrant, https://www.­oregonlegislature.­gov/bills_laws/ors/ors133.­html.

Notes of Decisions

In general

Where arresting officers entered house within 10 to 15 minutes after report of burglary where burglary victim believed defendant lived, circumstances were sufficiently exigent to justify entry to make probable cause arrest. State v. Ellett, 33 Or App 447, 576 P2d 839 (1978)

Where plaintiff delivered to police proof that her husband had been served with order restraining him from molesting family and then reported to police series of violations of order but police refused to arrest husband, court held that officers who knowingly failed to enforce judicial order issued under Abuse Prevention Act are potentially liable for resulting harm to psychic and physical health of intended beneficiaries of the order. Nearing v. Weaver, 295 Or 702, 670 P2d 137 (1983)

Warrantless arrest, not in defendant’s home, if based upon probable cause does not violate Article I, Section 9 of the Oregon Constitution. State v. Mace, 67 Or App 753, 681 P2d 140 (1984), Sup Ct review denied

Where county held parolee subject to official communication that State Board of Parole had issued warrant for parolee’s arrest, parolee’s right to be free of unreasonable seizures was not violated; officer need not have copy of warrant or order in hand but may rely on official communication indicating that warrant exists. Waller v. Drago, 611 F Supp 405 (1985)

Where evidence showed that tribal law incorporated Oregon law concerning arrest for drunken driving, allowing arrest if officer has probable cause to believe person has committed major traffic offense, tribal officer was authorized to make such arrest. United States v. Strong, 778 F2d 1393 (1985)

Facts were sufficient to justify stop when, after receiving information of violation of restraining order, officer, shortly after notice, observed defendant driving vehicle in vicinity of violation which matched description he had been given. State v. Steinke, 88 Or App 626, 746 P2d 758 (1987)

Arrest warrant issued for defendant by county in this state is “duly issued warrant” because “any state” as used in this section applies to all states including this state. State v. Meier, 259 Or App 482, 314 P3d 359 (2013), Sup Ct review denied

Probable cause to believe commission of felony

Generally speaking reasonable cause to arrest and reasonable cause to search are synonymous. State v. Hodge, 11 Or App 525, 504 P2d 143 (1972)

Probable cause can be supplied by information from an informant if the information describes the accused’s criminal activity in such detail as to be susceptible of a reasonable inference that the informant had gained his information in a reliable way. State v. Hodge, 11 Or App 525, 504 P2d 143 (1972)

Officers had probable cause to go to defendant’s apartment and arrest him for illegal sale of drugs to police contact where they: (1) Observed defendant going into the apartment with what appeared to be hashish and the police contact coming out with what appeared to be a package of hashish, and; (2) recovered the hashish from the police contact. State v. Bopp, 16 Or App 604, 519 P2d 1277 (1974)

Discovery by one police officer of defendant’s personal property in the same room with illegal narcotics, unknown to another officer, did not constitute probable cause for that other officer to arrest and search defendant. State v. Mickelson, 18 Or App 647, 526 P2d 583 (1974), Sup Ct review denied

Where description of suspects and series of actions taken matched information provided by anonymous informant, sufficient corroboration of informant information existed to create probable cause for arrest. State v. Marsden, Moore, Cassidy, 19 Or App 742, 528 P2d 1066 (1974), Sup Ct review denied

Where, in course of burglary investigation, officer knocked on defendant’s motel room door, and when defendant opened door beer came into plain view, there was evidence that crime of minor in possession of liquor was being committed, and officer properly arrested defendant. State v. Bettles, 45 Or App 9, 607 P2d 216 (1980), Sup Ct review denied

Where, during valid stop of defendant, events developed which gave police officers well-warranted belief that defendant was perpetrator of bombing, defendant’s arrest was proper. State v. Miller, 54 Or App 323, 634 P2d 1361 (1981), Sup Ct review denied

Where shooting victim told deputy sheriff “Dan the Jeweler shot me. He drives a truck for Safeway.” and officer ordering arrest had information that defendant was known to local law enforcement officials as “Dan the Jeweler” and worked for Safeway, there was probable cause to make warrantless arrest. State v. Holterman, 69 Or App 509, 687 P2d 1097 (1984), Sup Ct review denied

Where arresting officer relied on teletype request from another jurisdiction requesting arrest of felony suspect, arrest of defendant was proper even though officer did not personally have probable cause to arrest. State v. Pratt, 309 Or 205, 785 P2d 350 (1989)

Police officers lacked probable cause to make warrantless arrest where: 1) original stop was based on fleeting observation by informer who tentatively stated that someone was “possibly” taking or putting another into car at gunpoint; 2) none of persons in car stopped by police gave any indication that crime had been committed; and 3) police officer lacked even subjective belief that defendant had committed offense, testifying that he was still investigating when defendant was arrested. State v. Morgan, 106 Or App 138, 806 P2d 713 (1991), Sup Ct review denied

Reliability of informant information is not established solely through independent corroboration, but can instead be established by facts showing informant is credible or informant’s information is reliable. State v. Rasheed, 128 Or App 439, 876 P2d 859 (1994), Sup Ct review denied

Information transmitted by Law Enforcement Data System, maintained by Oregon State Police, of duly issued arrest warrant for defendant is sufficient notification to support officer’s warrantless arrest of defendant. State v. Meier, 259 Or App 482, 314 P3d 359 (2013), Sup Ct review denied

Search and seizure

Absent exigent circumstances or hot pursuit, police officers who have probable cause to arrest a person may not forcibly enter a person’s home for that purpose in absence of having secured a warrant. State v. Olson, 287 Or 157, 598 P2d 670 (1979)

Officer had probable cause to believe defendant possessed controlled substance when, after activation of patrol car’s overhead lights, officer observed defendant bend down in car as if hiding something and officer observed spoon on floorboard of vehicle that had burn marks and crystalline substance on it. State v. Hayes, 99 Or App 322, 781 P2d 1251 (1989)

COMPLETED CITATIONS: State v. Patterson, 5 Or App 438, 485 P2d 429 (1971), Sup Ct review denied; State v. Frailey, 6 Or App 8, 485 P2d 1126 (1971), Sup Ct review denied; State v. Riner, 6 Or App 72, 485 P2d 1234 (1971), Sup Ct review denied

Attorney General Opinions

Arrest and incarceration of persons for traffic infractions, (1977) Vol 38, p 960

Law Review Citations

8 WLJ 230-234 (1972); 4 EL 455 (1974); 20 WLR 579 (1984); 77 OLR 497 (1998); 85 OLR 325 (2006)

133.005
Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450
133.007
Sufficiency of information or complaint
133.015
Contents of information or complaint
133.020
Magistrate defined
133.030
Who are magistrates
133.033
Peace officer
133.035
Ex parte emergency protective orders
133.055
Criminal citation
133.060
Cited person to appear before magistrate
133.065
Service of criminal citation
133.066
Criminal citations generally
133.068
Contents of criminal citation issued without complaint
133.069
Contents of criminal citation issued with complaint
133.070
Criminal citation where arrest without warrant is authorized for ordinance violation
133.073
Electronic filing of criminal citation
133.076
Failure to appear on criminal citation
133.110
Issuance
133.120
Authority to issue warrant
133.140
Content and form of warrant
133.220
Who may make arrest
133.225
Arrest by private person
133.235
Arrest by peace officer
133.239
Arrest by parole and probation officer
133.245
Arrest by federal officer
133.310
Authority of peace officer to arrest without warrant
133.315
Liability of peace officer making arrest
133.318
Providing false foreign restraining order
133.340
Authority to order arrest for crime committed in presence of magistrate
133.360
Arrests on warrant or order transmitted by telegraph
133.375
Definitions for ORS 133.375 to 133.381
133.377
Arrest of persons for cruelty to animals
133.379
Duty of peace officer to arrest and prosecute violators of cruelty to animals laws
133.381
Procedure in arrests for violation of certain restraining orders
133.400
Recording of custodial interviews of adults
133.402
Recording of custodial interviews of juveniles
133.403
Voluntariness of statement by juvenile during custodial interview
133.405
Definitions for ORS 133.405 to 133.408
133.407
Immunities and liabilities
133.408
Application of ORS 133.405 and 133.407
133.410
Short title
133.420
Definitions for ORS 133.410 to 133.440
133.430
Authority to make arrest in fresh pursuit
133.440
Proceedings following arrest in fresh pursuit
133.450
Return of arrest warrant
133.455
Receipts for property taken from person in custody
133.460
Forfeiture of conveyances used unlawfully to conceal or transport stolen property
133.465
Seizure of stolen animals or other property being transported
133.470
Sale of seized property
133.475
Notice to owner
133.485
Perishable property
133.495
Retention of property to answer order of court
133.515
Interpreter to be made available to person with a disability
133.518
Duty of peace officer to request emergency medical services
133.525
Definitions for ORS 133.525 to 133.703
133.535
Permissible objects of search and seizure
133.537
Protection of things seized
133.539
Obtaining information from portable electronic devices
133.545
Issuance of search warrant
133.555
Hearing
133.565
Contents of search warrant
133.575
Execution of warrant
133.595
List of things seized
133.605
Use of force in executing warrants
133.615
Return of the warrant
133.617
“Mobile tracking device” defined
133.619
Execution of warrant authorizing mobile tracking device
133.621
Medical procedures
133.623
Handling and disposition of things seized
133.633
Motion for return or restoration of things seized
133.643
Ground for motion for return or restoration of things seized
133.653
Postponement of return or restoration
133.663
Disputed possession rights
133.673
Motions to suppress evidence
133.693
Challenge to truth of evidence
133.703
Identity of informants
133.705
Definitions for ORS 133.705 to 133.717
133.707
Custodian’s obligation to preserve biological evidence
133.709
Notice of intent to dispose
133.713
Inventory
133.715
Order
133.717
Provision of notice or order to defendant
133.721
Definitions for ORS 41.910 and 133.721 to 133.739
133.723
Records confidential
133.724
Order for interception of communications
133.726
Interception of oral communication without order
133.727
Proceeding under expired order prohibited
133.729
Recording intercepted communications
133.731
Inventory
133.733
Procedure for introduction as evidence
133.735
Suppression of intercepted communications
133.736
Suppression of intercepted oral communication
133.737
Disclosure and use of intercepted communications
133.739
Civil damages for willful interception, disclosure or use of communications
133.741
Law enforcement agency policies and procedures regarding video and audio recordings
133.743
Definitions for ORS 133.743 to 133.857
133.745
Determination of security requirements to carry out extradition
133.747
Fugitives from other states
133.753
Form of demand
133.757
Investigation of demand and report
133.763
Facts documents must show
133.767
Extradition of person not present in demanding state at time of commission of crime
133.773
Governor’s warrant of arrest
133.777
Execution of the warrant
133.783
Authority of arresting officer to command assistance
133.787
Rights of arrested person
133.793
Penalty for disobedience to ORS 133.787
133.797
Confinement of prisoner
133.803
Arrest prior to requisition
133.805
Arrest without warrant
133.807
Commitment to await arrest on requisition
133.809
Release
133.813
Proceedings in absence of arrest under executive warrant within specified time
133.815
Forfeiture
133.817
Persons under criminal prosecution in this state at time of requisition
133.823
When guilt of accused may be inquired into
133.825
Governor may recall warrant
133.827
Warrant to agent to return fugitive from this state
133.833
Application for requisition
133.835
Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
133.837
Appointment of agent to return fugitive from this state who waives extradition
133.839
Immunity from civil process in certain civil cases
133.843
Written waiver of extradition proceedings
133.845
Nonwaiver by this state
133.847
Trial of extradited person for other crimes
133.853
Construction of Act
133.855
Short title
133.857
Payment of agent’s expenses
133.865
Arrest and Return Account
133.870
Release of booking photo by law enforcement agency
133.875
Removal of booking photo from publication or website
133.992
Penalties
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