Oregon Statutes 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:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to 30 days | up to $1,250 |
Terms Used In Oregon Statutes 133.310
- Arrest: Taking physical custody of a person by lawful authority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(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, 107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020, 133.035, 163.738, 163.765, 163.767 or 419B.845 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, 124.030, 133.035, 163.741, 163.773 or 419B.845; 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 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 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 to 135.290; 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]