Oregon Statutes - Chapter 133 - Arrest and Related Procedures; Search and Seizure; Extradition

• 133.005   Definitions for ORS 131.655, 133.005 to 133.381 and 133.410 to 133.450.
  As used in ORS 131.655 and 133.005 to 133.381 and 133.410 to 133.450, unless the context requires otherwise: (1) “Arrest” means to place a person...
• 133.007   Sufficiency of information or complaint.
  (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...
• 133.010   [Amended by 1965 c.508 §1; repealed by 1973 c.836 §358]
• 133.015   Contents of information or complaint.
  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...
• 133.020   Magistrate defined.
  A magistrate is an officer having power to issue a warrant for the arrest of a person charged with the commission of a crime.
• 133.030   Who are magistrates.
  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)...
• 133.033   Peace officer; community caretaking functions.
  (1) Except as otherwise expressly prohibited by law, any peace officer of this state, as defined in ORS 133.005, is authorized to perform community caretaking...
• 133.037   [1971 c.743 §289; 1973 c.836 §33; renumbered 131.655]
• 133.040   [Repealed by 1965 c.508 §8]
• 133.045   [1969 c.244 §1; 1973 c.836 §65; 1974 c.42 §1; repealed by 1999 c.1051 §72]
• 133.050   [Repealed by 1959 c.426 §1]
• 133.055   Criminal citation; exception for domestic disturbance; notice of rights.
  (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...
• 133.060   Cited person to appear before magistrate; effect of failure to appear; arrest warrant.
  (1) A person who has been served with a criminal citation shall appear before a magistrate of the county in which the person was cited...
• 133.065   Service of criminal citation.
  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...
• 133.066   Criminal citations generally.
  (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...
• 133.067   [1991 c.824 §2; 1995 c.292 §2; repealed by 1999 c.1051 §72]
• 133.068   Contents of criminal citation issued without complaint.
  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....
• 133.069   Contents of criminal citation issued with complaint; nonconformance.
  (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...
• 133.070   Criminal citation where arrest without warrant is authorized for ordinance violation.
  (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...
• 133.072   [1983 c.661 §10; repealed by 1999 c.1051 §72]
• 133.073   Electronic filing of criminal citation; court rules.
  (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...
• 133.075   [1969 c.244 §9; 1973 c.836 §66; 1983 c.661 §3; repealed by 1999 c.1051 §63 (133.076 enacted in lieu of 133.075)]
• 133.076   Failure to appear on 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...
• 133.077   [1991 c.592 §2; repealed by 1999 c.1051 §72]
• 133.080   [1969 c.244 §7; 1971 c.404 §5; 1975 c.451 §172; 1979 c.477 §2; 1983 c.338 §886; repealed by 1999 c.1051 §72]
• 133.100   [1971 c.404 §1; 1973 c.836 §67; repealed by 1999 c.1051 §72]
• 133.110   Issuance; citation.
  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...
• 133.120   Authority to issue warrant.
  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...
• 133.130   [Repealed by 1973 c.836 §358]
• 133.140   Content and form of warrant.
  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,...
• 133.150   [Repealed by 1961 c.443 §3]
• 133.160   [Amended by 1959 c.664 §28; repealed by 1961 c.443 §3]
• 133.170   [Amended by 1961 c.443 §2; repealed by 1973 c.836 §358]
• 133.210   [Repealed by 1973 c.836 §358]
• 133.220   Who may make arrest.
  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...
• 133.225   Arrest by private person.
  (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...
• 133.230   [Repealed by 1971 c.743 §432]
• 133.235   Arrest by peace officer; procedure.
  (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...
• 133.239   Arrest by parole and probation officer; procedure.
  (1) As used in this section, “parole and probation officer” has the meaning given that term in ORS 181.610. (2) A parole and probation officer...
• 133.240   [Repealed by 1973 c.836 §358]
• 133.245   Arrest by federal officer; procedure.
  (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...
• 133.250   [Repealed by 1973 c.836 §358]
• 133.260   [Repealed by 1973 c.836 §358]
• 133.270   [Repealed by 1973 c.836 §358]
• 133.280   [Repealed by 1971 c.743 §432]
• 133.290   [Repealed by 1973 c.836 §358]
• 133.300   [Repealed by 1973 c.836 §358]
• 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...
• 133.315   Liability of peace officer making arrest.
  (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)...
• 133.318   Providing false foreign restraining order; false representation to police officer.
  (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...
• 133.320   [Repealed by 1973 c.836 §358]
• 133.330   [Repealed by 1973 c.836 §358]
• 133.340   Authority to order arrest for crime committed in presence of magistrate.
  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...
• 133.350   [Repealed by 1973 c.836 §358]
• 133.360   Arrests on warrant or order transmitted by telegraph.
  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,...
• 133.370   [Repealed by 1971 c.743 §432]
• 133.375   Definitions for ORS 133.375 to 133.381.
  As used in ORS 133.375 to 133.381 and 156.705: (1) “Animal” has the meaning provided in ORS 167.310. (2) “Owner” or “person” includes corporations as...
• 133.377   Arrest of persons for cruelty to animals; immunity of peace officer providing care for animal.
  (1) Any person violating ORS 167.315 to 167.333 or 167.340 may be arrested and held without warrant, in the same manner as in the case...
• 133.379   Duty of peace officer to arrest and prosecute violators of cruelty to animals laws; disposition of fines.
  (1) It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315 to 167.333 or 167.340 for any...
• 133.380   [Repealed by 1971 c.743 §432]
• 133.381   Procedure in arrests for violation of certain restraining orders; arrest of person not in county where order or warrant issued.
  (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...
• 133.410   Short title.
  ORS 133.410 to 133.440 may be cited as the Uniform Act on Fresh Pursuit.
• 133.420   Definitions for ORS 133.410 to 133.440.
  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...
• 133.430   Authority of officers of other states to make arrest.
  (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...
• 133.440   Proceedings following arrest by officer of other state.
  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...
• 133.450   After arrest; within or without county in which warrant was issued.
  (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...
• 133.455   Receipts for property taken from person in custody; penalty.
  (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...
• 133.460   Forfeiture of conveyances used unlawfully to conceal or transport stolen property.
  (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,...
• 133.465   Seizure of stolen animals or other property being transported; proceedings against person arrested.
  (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...
• 133.470   Sale of seized property; rights of owner and lienholder.
  (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...
• 133.475   Notice to owner.
  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...
• 133.485   Perishable property; livestock or fowls.
  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...
• 133.495   Retention of property to answer order of court.
  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...
• 133.510   [Repealed by 1965 c.508 §8]
• 133.515   Interpreter to be made available to person with a disability.
  (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...
• 133.520   [Amended by 1965 c.508 §2; 1973 c.836 §75; renumbered 133.450]
• 133.525   Definitions for ORS 133.525 to 133.703.
  As used in ORS 133.525 to 133.703, unless the context requires otherwise: (1) “Judge” means any judge of the circuit court, the Court of Appeals,...
• 133.530   [Repealed by 1965 c.508 §8]
• 133.535   Permissible objects of search and seizure.
  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;...
• 133.537   Protection of things seized; liability of agency.
  (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...
• 133.540   [Repealed by 1965 c.508 §8]
• 133.545   Issuance and execution of search warrant.
  (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...
• 133.550   [Repealed by 1973 c.836 §358]
• 133.555   Hearing.
  (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...
• 133.560   [Repealed by 1973 c.836 §358]
• 133.565   Contents of search warrant.
  (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...
• 133.575   Execution of warrant.
  (1) A search warrant may be executed only within the period and at the times authorized by the warrant and only by a police officer....
• 133.585   [1973 c.836 §87; repealed by 1997 c.313 §37]
• 133.595   List of things seized.
  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...
• 133.605   Use of force in executing warrants.
  (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,...
• 133.610   [Amended by 1963 c.511 §1; 1965 c.508 §3; 1973 c.836 §138; renumbered 135.070]
• 133.615   Return of the warrant.
  (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...
• 133.617   “Mobile tracking device” defined.
  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...
• 133.619   Execution of warrant authorizing mobile tracking device.
  (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...
• 133.620   [Amended by 1965 c.508 §4; renumbered 135.075]
• 133.621   Medical procedures; immunity from liability for performing.
  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,...
• 133.623   Handling and disposition of things seized.
  (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...
• 133.625   [1961 c.696 §1; 1967 c.475 §1; 1973 c.836 §135; renumbered 135.050]
• 133.630   [Repealed by 1961 c.696 §4]
• 133.633   Motion for return or restoration of things seized.
  (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...
• 133.635   [1961 c.696 §3; 1967 c.628 §2; renumbered 135.080]
• 133.640   [Repealed by 1965 c.508 §8]
• 133.643   Ground for motion for return or restoration of things seized.
  A motion for the return or restoration of things seized shall be based on the ground that the movant has a valid claim to rightful...
• 133.650   [Repealed by 1973 c.836 §358]
• 133.653   Postponement of return or restoration; appellate review.
  (1) In granting a motion for return or restoration of things seized, the court shall postpone execution of the order until such time as the...
• 133.660   [Amended by 1961 c.289 §1; 1965 c.508 §5; 1973 c.836 §139; renumbered 135.085]
• 133.663   Disputed possession rights.
  (1) If, upon consideration of a motion for return or restoration of things seized, it appears to the court that the things should be returned...
• 133.665   [Repealed by 1961 c.289 §3]
• 133.670   [Renumbered 135.090]
• 133.673   Motions to suppress evidence.
  (1) Objections to use in evidence of things seized in violation of any of the provisions of ORS 133.525 to 133.703 shall be made by...
• 133.680   [Renumbered 135.095]
• 133.683   [1973 c.836 §117; repealed by 1997 c.313 §37]
• 133.690   [Renumbered 135.100]
• 133.693   Challenge to truth of evidence.
  (1) Subject to the provisions of subsection (2) of this section, in any proceeding on a motion to suppress evidence the moving party shall be...
• 133.700   [Renumbered 135.105]
• 133.703   Identity of informants.
  (1) In any proceeding on a motion to suppress evidence wherein, pursuant to ORS 133.693, the good faith of the testimony presented to establish probable...
• 133.710   [Renumbered 135.115]
• 133.720   [Renumbered 135.125]
• 133.721   Definitions for ORS 41.910 and 133.721 to 133.739.
  As used in ORS 41.910 and 133.721 to 133.739, unless the context requires otherwise: (1) “Aggrieved person” means a person who was a party to...
• 133.723   Records confidential.
  The application for any order under ORS 133.724 and any supporting documents and testimony in connection therewith shall remain confidential in the custody of the...
• 133.724   Order for interception of communications; application; grounds for issuance; contents of order; progress reports.
  (1) An ex parte order for the interception of wire, electronic or oral communications may be issued by any circuit court judge upon written application...
• 133.725   [Formerly 141.720; repealed by 1979 c.716 §3 (133.724 enacted in lieu of 133.725)]
• 133.726   Interception of oral communication without order; order for interception of oral communication; application; grounds for issuance; contents of order; penalties.
  (1) Notwithstanding ORS 133.724, under the circumstances described in this section, a law enforcement officer is authorized to intercept an oral communication to which the...
• 133.727   Proceeding under expired order prohibited.
  Any officer who knowingly proceeds under an order which has expired and has not been renewed as provided in ORS 133.724 is deemed to act...
• 133.729   Recording intercepted communications; method; delivery to court; custody.
  The contents of any wire, electronic or oral communication intercepted in accordance with the provisions of ORS 133.724 shall, if possible, be recorded on tape...
• 133.730   [Renumbered 135.135]
• 133.731   Inventory; contents; inspection of intercepted communications.
  (1) Within a reasonable time but not later than 90 days after the termination of the period of an order issued under ORS 133.724, or...
• 133.733   Procedure for introduction as evidence.
  The contents of any wire, electronic or oral communication intercepted under ORS 133.724, or evidence derived therefrom, shall not be received in evidence or otherwise...
• 133.735   Suppression of intercepted communications; procedure; grounds; appeal.
  (1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the...
• 133.736   Motion to suppress intercepted oral communication; right of state to appeal.
  (1) Any aggrieved person in any trial, hearing or proceeding in or before any court, department, officer, agency, regulatory body or other authority of the...
• 133.737   Disclosure and use of intercepted communications.
  (1) Any investigative or law enforcement officer who, by any means authorized by ORS 133.721 to 133.739, has obtained knowledge of the contents of any...
• 133.739   Civil damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies.
  (1) Any person whose wire, electronic or oral communication was intercepted, disclosed or used in violation of ORS 133.724 or 133.737 shall have a civil...
• 133.740   [Renumbered 135.145]
• 133.743   Definitions for ORS 133.743 to 133.857; appointment of legal counsel to assist Governor.
  (1) Where appearing in ORS 133.743 to 133.857, the term “Governor” includes any person performing the extradition functions of Governor by authority of an appointment...
• 133.745   Determination of security requirements to carry out extradition.
  Subject to final determination by the Governor, the Superintendent of State Police shall determine the security requirements necessary to safely carry out the extradition of...
• 133.747   Fugitives from other states; Governor to cause arrest and delivery of criminals.
  Subject to the qualifications of ORS 133.743 to 133.857 and the provisions of the Constitution of the United States controlling, and Acts of Congress in...
• 133.750   [Renumbered 135.155]
• 133.753   Form of demand.
  No demand for the extradition of a person charged with crime in another state shall be recognized by the Governor unless in writing and accompanied...
• 133.755   [1961 c.521 §1; repealed by 1973 c.836 §358]
• 133.757   Investigation of demand and report.
  When a demand shall be made upon the Governor of this state by the executive authority of another state for the surrender of a person...
• 133.760   [Amended by 1973 c.836 §140; renumbered 135.165]
• 133.763   Facts documents must show.
  A warrant of extradition must not be issued unless the documents presented by the executive authority making the demand show that: (1) Except in cases...
• 133.767   Extradition of person not present in demanding state at time of commission of crime.
  The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in...
• 133.770   [Renumbered 136.345]
• 133.773   Governor’s warrant of arrest.
  If the Governor shall decide that the demand should be complied with, the Governor shall sign a warrant of arrest, which shall be sealed with...
• 133.777   Execution of the warrant.
  Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where the accused may be found...
• 133.780   [Renumbered 136.347]
• 133.783   Authority of arresting officer to command assistance.
  Every such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein as...
• 133.787   Rights of arrested person.
  No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive...
• 133.793   Penalty for disobedience to ORS 133.787.
  Any officer who shall deliver to the agent for extradition of the demanding state a person in the custody of the officer under the Governor’s...
• 133.797   Confinement of prisoner.
  (1) The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been...
• 133.803   Arrest prior to requisition.
  Whenever any person within this state shall be charged on the oath of any credible person before any judge or other magistrate of this state...
• 133.805   Arrest without warrant.
  The arrest of a person may be lawfully made also by an officer or a private citizen without a warrant, upon reasonable information that the...
• 133.807   Commitment to await arrest on requisition.
  If from the initial examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime...
• 133.809   Release.
  Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of...
• 133.810   [Amended by 1973 c.836 §141; renumbered 135.175]
• 133.813   Proceedings in absence of arrest under executive warrant within specified time.
  If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, security release or release...
• 133.815   Forfeiture; recovery thereon.
  If the prisoner is released and fails to appear according to the condition of the security release or release agreement of the prisoner, the court,...
• 133.817   Persons under criminal prosecution in this state at time of requisition.
  If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the Governor, at the discretion...
• 133.820   [Amended by 1973 c.836 §142; renumbered 135.185]
• 133.823   When guilt of accused may be inquired into.
  The guilt or innocence of the accused as to the crime of which the accused is charged may not be inquired into by the Governor...
• 133.825   Governor may recall warrant.
  The Governor may recall the Governor’s warrant of arrest or may issue another warrant whenever the Governor deems proper. [Formerly 147.210]
• 133.827   Warrant to agent to return fugitive from this state.
  Whenever the Governor of this state shall demand a person charged with crime or with escaping from confinement or breaking the terms of security release,...
• 133.830   [Amended by 1973 c.836 §143; renumbered 135.195]
• 133.833   Application for requisition; filing and forwarding of papers.
  (1) When the return to this state of a person charged with crime in this state is required, the district attorney of the county in...
• 133.835   Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.
  (1) When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned...
• 133.837   Appointment of agent to return fugitive from this state who waives extradition.
  In the event a fugitive from this state shall waive extradition, an agent or agents to secure the return of the fugitive may be appointed...
• 133.839   Immunity from civil process in certain civil cases.
  A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal...
• 133.840   [Amended by 1973 c.836 §144; renumbered 135.205]
• 133.843   Written waiver of extradition proceedings.
  (1) Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken...
• 133.845   Nonwaiver by this state.
  Nothing contained in ORS 133.743 to 133.857 shall be deemed to constitute a waiver by this state of its right, power or privilege to try...
• 133.847   Trial of extradited person for other crimes.
  After a person has been brought back to this state upon extradition proceedings, the person may be tried in this state for other crimes which...
• 133.850   [Renumbered 135.215]
• 133.853   Construction of Act.
  ORS 133.743 to 133.833 and 133.839 to 133.855 shall be so interpreted and construed as to effectuate their general purpose to make uniform the law...
• 133.855   Short title.
  ORS 133.743 to 133.833 and 133.839 to 133.855 may be cited as the Uniform Criminal Extradition Act. [Formerly 147.280]
• 133.857   Payment of agent’s expenses.
  The account of the agent or agents embracing necessary expenses incurred in performing the service, after approval by the Governor, shall be paid, after being...
• 133.860   [Amended by 1959 c.638 §14; 1965 c.508 §6; 1973 c.836 §145; renumbered 135.225]
• 133.865   Arrest and Return Account.
  The Arrest and Return Account is established separate and distinct from the General Fund. The account consists of moneys deposited into the account under ORS...
• 133.990   [Renumbered 135.990]
• 133.992   Penalties.
  Any person who maliciously and without probable cause causes a search warrant or a court order for interception to be issued and executed is guilty...

Last modified: August 7, 2008