As used in ORS § 133.005 to 133.400 and 133.410 to 133.450, unless the context requires otherwise:

Terms Used In Oregon Statutes 133.005

  • Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
  • Arrest: Taking physical custody of a person by lawful authority.
  • City: includes any incorporated village or town. See Oregon Statutes 174.100
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(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 not an arrest.

(2) ‘Federal officer’ means a special agent or law enforcement officer employed by a federal agency who is empowered to effect an arrest with or without a warrant for violations of the United States Code and who is authorized to carry firearms in the performance of duty.

(3) ‘Peace officer’ means:

(a) A member of the Oregon State Police;

(b) A sheriff, constable, marshal, municipal police officer or reserve officer or a police officer commissioned by a university under ORS § 352.121 or 353.125;

(c) An investigator of a district attorney’s office if the investigator is or has been certified as a peace officer in this or any other state;

(d) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon;

(e) A humane special agent as defined in ORS § 181A.345;

(f) A regulatory specialist exercising authority described in ORS § 471.775 (2), 475C.017 or 475C.301;

(g) An authorized tribal police officer as defined in ORS § 181A.940; or

(h) A judicial marshal appointed under ORS § 1.177 who is trained pursuant to ORS § 181A.540.

(4) ‘Reserve officer’ means an officer or member of a law enforcement agency who is:

(a) A volunteer or employed less than full-time as a peace officer commissioned by a city, port, school district, mass transit district, county, county service district authorized to provide law enforcement services under ORS § 451.010, the Criminal Justice Division of the Department of Justice, the Oregon State Lottery Commission or the Governor or a member of the Department of State Police;

(b) Armed with a firearm; and

(c) Responsible for enforcing the criminal laws and traffic laws of this state or laws or ordinances relating to airport security. [1973 c.836 § 62; 1979 c.656 § 1; 1981 c.808 § 1; 1991 c.67 § 25; 1993 c.254 § 1; 1995 c.651 § 6; 2009 c.11 § 8; 2011 c.506 § 7; 2011 c.641 § 1; 2011 c.644 13,39; 2012 c.54 6,7; 2012 c.67 3,4; 2013 c.154 4,5; 2013 c.180 § 8,9; 2015 c.174 § 4; 2015 c.614 137,138; 2021 c.286 § 1]