There Is a Newer Version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 133
- 133.005 Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450.
- Note: The amendments to 133.005 by section 39, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 133.005. As used in ORS 133.005 to 133.400 and 133.410 to 133.450, unless the context requires otherwise: (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 352.383; (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; or (d) An investigator of the Criminal Justice Division of the Department of Justice of the State of Oregon. (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.
- 133.007 Sufficiency of information or complaint.
- 133.010 [Amended by 1965 c.508 1; repealed by 1973 c.836 358]
- 133.015 Contents of information or complaint.
- 133.020 Magistrate defined.
- 133.030 Who are magistrates.
- 133.033 Peace officer; community caretaking functions.
- 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] CRIMINAL CITATIONS
- 133.055 Criminal citation; exception for domestic disturbance; notice of rights.
- 133.060 Cited person to appear before magistrate; effect of failure to appear; arrest warrant.
- 133.065 Service of criminal citation.
- 133.066 Criminal citations generally.
- 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.
- 133.069 Contents of criminal citation issued with complaint; nonconformance.
- 133.070 Criminal citation where arrest without warrant is authorized for ordinance violation.
- 133.072 [1983 c.661 10; repealed by 1999 c.1051 72]
- 133.073 Electronic filing of criminal citation; court rules.
- 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.
- 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] WARRANT OF ARREST
- 133.110 Issuance; citation.
- 133.120 Authority to issue warrant.
- 133.130 [Repealed by 1973 c.836 358]
- 133.140 Content and form of warrant.
- 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] ARREST
- 133.220 Who may make arrest.
- 133.225 Arrest by private person.
- 133.230 [Repealed by 1971 c.743 432]
- 133.235 Arrest by peace officer; procedure.
- 133.239 Arrest by parole and probation officer; procedure.
- 133.240 [Repealed by 1973 c.836 358]
- 133.245 Arrest by federal officer; procedure.
- 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.
- 133.315 Liability of peace officer making arrest.
- Note: 133.315 (2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 133.318 Providing false foreign restraining order; false representation to peace officer.
- 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.
- 133.350 [Repealed by 1973 c.836 358]
- 133.360 Arrests on warrant or order transmitted by telegraph.
- 133.370 [Repealed by 1971 c.743 432]
- 133.375 Definitions for ORS 133.375 to 133.381.
- 133.377 Arrest of persons for cruelty to animals; immunity of peace officer providing care for animal.
- 133.379 Duty of peace officer to arrest and prosecute violators of cruelty to animals laws; disposition of fines.
- 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.
- 133.400 Recording of custodial interviews.
- 133.405 Definitions for ORS 133.405 to 133.408; provision of law enforcement services.
- Note: 133.405 to 133.408 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 133.407 Immunities and liabilities; supervision; compensation; training.
- Note: See note under 133.405.
- 133.408 Application of ORS 133.405 and 133.407.
- Note: See note under 133.405. (Uniform Act on Fresh Pursuit)
- 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; release decision.
- 133.455 Receipts for property taken from person in custody; penalty.
- 133.460 Forfeiture of conveyances used unlawfully to conceal or transport stolen property.
- 133.465 Seizure of stolen animals or other property being transported; proceedings against person arrested.
- 133.470 Sale of seized property; rights of owner and lienholder.
- 133.475 Notice to owner.
- 133.485 Perishable property; livestock or fowls.
- 133.495 Retention of property to answer order of court.
- 133.510 [Repealed by 1965 c.508 8]
- 133.515 Interpreter to be made available to person with a disability.
- 133.520 [Amended by 1965 c.508 2; 1973 c.836 75; renumbered 133.450] SEARCH AND SEIZURE (Generally)
- 133.525 Definitions for ORS 133.525 to 133.703.
- Note: The amendments to 133.525 by section 40, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 133.525. 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, the Supreme Court, any justice of the peace or municipal judge authorized to exercise the powers and perform the duties of a justice of the peace. (2) Police officer means: (a) A member of the Oregon State Police; (b) A sheriff or municipal police officer or a police officer commissioned by a university under ORS 352.383; (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; or (d) An investigator of the Criminal Justice Division of the Department of Justice.
- 133.530 [Repealed by 1965 c.508 8]
- 133.535 Permissible objects of search and seizure.
- 133.537 Protection of things seized; liability of agency.
- Note: 133.537 was added to and made a part of 133.525 to 133.703 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 133.540 [Repealed by 1965 c.508 8] (Search and Seizure Pursuant to Warrant)
- 133.545 Issuance and execution of search warrant.
- 133.550 [Repealed by 1973 c.836 358]
- 133.555 Hearing.
- 133.560 [Repealed by 1973 c.836 358]
- 133.565 Contents of search warrant.
- 133.575 Execution of warrant.
- 133.585 [1973 c.836 87; repealed by 1997 c.313 37]
- 133.595 List of things seized.
- 133.605 Use of force in executing warrants.
- 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.
- 133.617 Mobile tracking device defined.
- Note: 133.617 and 133.619 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 133.619 Execution of warrant authorizing mobile tracking device.
- Note: See note under 133.617.
- 133.620 [Amended by 1965 c.508 4; renumbered 135.075]
- 133.621 Medical procedures; immunity from liability for performing.
- Note: 133.621 was added to and made a part of ORS chapter 133 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. (Disposition of Things Seized)
- 133.623 Handling and disposition of things seized.
- 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.
- 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.
- 133.650 [Repealed by 1973 c.836 358]
- 133.653 Postponement of return or restoration; appellate review.
- 133.660 [Amended by 1961 c.289 1; 1965 c.508 5; 1973 c.836 139; renumbered 135.085]
- 133.663 Disputed possession rights.
- 133.665 [Repealed by 1961 c.289 3]
- 133.670 [Renumbered 135.090] (Evidentiary Exclusion)
- 133.673 Motions to suppress evidence.
- 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.
- 133.700 [Renumbered 135.105]
- 133.703 Identity of informants.
- 133.705 Definitions for ORS 133.705 to 133.717.
- Note: 133.705 to 133.717 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 133.707 Custodian s obligation to preserve biological evidence; effect of inability to produce in judicial proceeding; rules.
- Note: See note under 133.705.
- 133.709 Notice of intent to dispose; motion to preserve.
- Note: See note under 133.705.
- 133.710 [Renumbered 135.115]
- 133.713 Inventory; right to review.
- Note: See note under 133.705.
- 133.715 Order; appeal.
- Note: See note under 133.705.
- 133.717 Provision of notice or order to defendant.
- Note: See note under 133.705.
- 133.720 [Renumbered 135.125] INTERCEPTION OF COMMUNICATIONS
- 133.721 Definitions for ORS 41.910 and 133.721 to 133.739.
- Note: The amendments to 133.721 by section 70, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 133.721. 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 any wire, electronic or oral communication intercepted under ORS 133.724 or 133.726 or a person against whom the interception was directed and who alleges that the interception was unlawful. (2) Contents, when used with respect to any wire, electronic or oral communication, includes any information concerning the identity of the parties to such communication or the existence, substance, purport or meaning of that communication. (3) Electronic communication means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include: (a) Any oral communication or any communication that is completely by wire; or (b) Any communication made through a tone-only paging device. (4) Electronic, mechanical or other device means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than: (a) Any telephone or telegraph instrument, equipment or facility, or any component thereof that is furnished to the subscriber or user by a telecommunications carrier in the ordinary course of its business and that is being used by the subscriber or user in the ordinary course of its business or being used by a telecommunications carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of official duties; or (b) A hearing aid or similar device being used to correct subnormal hearing to not better than normal. (5) Intercept means the acquisition, by listening or recording, of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device. (6) Investigative or law enforcement officer means an officer or other person employed to investigate or enforce the law by: (a) A county sheriff or municipal police department, or a police department established by a university under ORS 352.383; (b) The Oregon State Police, the Department of Corrections, the Attorney General or a district attorney; or (c) Law enforcement agencies of other states or the federal government. (7) Oral communication means: (a) Any oral communication, other than a wire or electronic communication, uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation; or (b) An utterance by a person who is participating in a wire or electronic communication, if the utterance is audible to another person who, at the time the wire or electronic communication occurs, is in the immediate presence of the person participating in the communication. (8) Telecommunications carrier means: (a) A telecommunications utility as defined in ORS 759.005; or (b) A cooperative corporation organized under ORS chapter 62 that provides telecommunications services. (9) Telecommunications service has the meaning given that term in ORS 759.005. (10) Wire communication means any communication made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable or other like connection between the point of origin and the point of reception, whether furnished or operated by a public utility or privately owned or leased.
- 133.723 Records confidential.
- 133.724 Order for interception of communications; application; grounds for issuance; contents of order; progress reports.
- 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.
- Note: The amendments to 133.726 by section 71, chapter 644, Oregon Laws 2011, become operative July 1, 2015. See section 58, chapter 644, Oregon Laws 2011, as amended by section 77, chapter 644, Oregon Laws 2011. The text that is operative on and after July 1, 2015, is set forth for the user s convenience.
- 133.726. (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 officer or a person under the direct supervision of the officer is a party, without obtaining an order for the interception of a wire, electronic or oral communication under ORS 133.724. (2) For purposes of this section and ORS 133.736, a person is a party to an oral communication if the oral communication is made in the person s immediate presence and is audible to the person regardless of whether the communication is specifically directed to the person. (3) An ex parte order for intercepting an oral communication in any county of this state under this section may be issued by any judge as defined in ORS 133.525 upon written application made upon oath or affirmation of the district attorney or a deputy district attorney authorized by the district attorney for the county in which the order is sought or upon the oath or affirmation of any peace officer as defined in ORS 133.005. The application shall include: (a) The name of the applicant and the applicant s authority to make the application; (b) A statement demonstrating that there is probable cause to believe that a person whose oral communication is to be intercepted is engaged in committing, has committed or is about to commit a particular felony, or a misdemeanor under ORS 167.007 or 167.008, and that intercepting the oral communication will yield evidence thereof; and (c) The identity of the person, if known, suspected of committing the crime and whose oral communication is to be intercepted. (4) The judge may require the applicant to furnish further testimony or documentary evidence in support of the application. (5) Upon examination of the application and evidence, the judge may enter an ex parte order, as requested or as modified, authorizing or approving the interception of an oral communication within the state if the judge determines on the basis of the facts submitted by the applicant that: (a) There is probable cause to believe that a person is engaged in committing, has committed or is about to commit a particular felony, or a misdemeanor under ORS 167.007 or 167.008; and (b) There is probable cause to believe that the oral communication to be obtained will contain evidence concerning that crime. (6) An order authorizing or approving the interception of an oral communication under this section must specify: (a) The identity of the person, if known, whose oral communication is to be intercepted; (b) A statement identifying the particular crime to which the oral communication is expected to relate; (c) The agency authorized under the order to intercept the oral communication; (d) The name and office of the applicant and the signature and title of the issuing judge; (e) A period of time after which the order shall expire; and (f) A statement that the order authorizes only the interception of an oral communication to which a law enforcement officer or a person under the direct supervision of a law enforcement officer is a party. (7) An order under ORS 133.724 or this section is not required when a law enforcement officer intercepts an oral communication to which the officer or a person under the direct supervision of the officer is a party if the oral communication is made by a person whom the officer has probable cause to believe has committed, is engaged in committing or is about to commit: (a) A crime punishable as a felony under ORS 475.752, 475.806 to 475.894 or 475.906 or as a misdemeanor under ORS 167.007 or 167.008; or (b) Any other crime punishable as a felony if the circumstances at the time the oral communication is intercepted are of such exigency that it would be unreasonable to obtain a court order under ORS 133.724 or this section. (8) A law enforcement officer who intercepts an oral communication pursuant to this section may not intentionally fail to record and preserve the oral communication in its entirety. A law enforcement officer, or a person under the direct supervision of the officer, who is authorized under this section to intercept an oral communication is not required to exclude from the interception an oral communication made by a person for whom probable cause does not exist if the officer or the person under the officer s direct supervision is a party to the oral communication. (9) A law enforcement officer may not divulge the contents of an oral communication intercepted under this section before a preliminary hearing or trial in which an oral communication is going to be introduced as evidence against a person except: (a) To a superior officer or other official with whom the law enforcement officer is cooperating in the enforcement of the criminal laws of this state or the United States; (b) To a magistrate; (c) In a presentation to a federal or state grand jury; or (d) In compliance with a court order. (10) A law enforcement officer may intercept an oral communication under this section only when acting within the scope of the officer s employment and as a part of assigned duties. (11) As used in this section, law enforcement officer means an officer employed to enforce criminal laws by: (a) The United States, this state or a municipal government within this state; (b) A political subdivision, agency, department or bureau of the governments described in paragraph (a) of this subsection; or (c) A police department established by a university under ORS 352.383. (12) Violation of subsection (9) of this section is a Class A misdemeanor.
- 133.727 Proceeding under expired order prohibited.
- 133.729 Recording intercepted communications; method; delivery to court; custody.
- 133.730 [Renumbered 135.135]
- 133.731 Inventory; contents; inspection of intercepted communications.
- 133.733 Procedure for introduction as evidence.
- 133.735 Suppression of intercepted communications; procedure; grounds; appeal.
- 133.736 Motion to suppress intercepted oral communication; right of state to appeal.
- 133.737 Disclosure and use of intercepted communications.
- 133.739 Civil damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies.
- 133.740 [Renumbered 135.145] UNIFORM CRIMINAL EXTRADITION ACT
- 133.743 Definitions for ORS 133.743 to 133.857; appointment of legal counsel to assist Governor.
- 133.745 Determination of security requirements to carry out extradition.
- Note: 133.745 was added to and made a part of 133.743 to 133.857 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
- 133.747 Fugitives from other states; Governor to cause arrest and delivery of criminals.
- 133.750 [Renumbered 135.155]
- 133.753 Form of demand.
- 133.755 [1961 c.521 1; repealed by 1973 c.836 358]
- 133.757 Investigation of demand and report.
- 133.760 [Amended by 1973 c.836 140; renumbered 135.165]
- 133.763 Facts documents must show.
- 133.767 Extradition of person not present in demanding state at time of commission of crime.
- 133.770 [Renumbered 136.345]
- 133.773 Governor s warrant of arrest.
- 133.777 Execution of the warrant.
- 133.780 [Renumbered 136.347]
- 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.
- 133.810 [Amended by 1973 c.836 141; renumbered 135.175]
- 133.813 Proceedings in absence of arrest under executive warrant within specified time.
- 133.815 Forfeiture; recovery thereon.
- 133.817 Persons under criminal prosecution in this state at time of requisition.
- 133.820 [Amended by 1973 c.836 142; renumbered 135.185]
- 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.
- 133.830 [Amended by 1973 c.836 143; renumbered 135.195]
- 133.833 Application for requisition; filing and forwarding of papers.
- 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.
- 133.840 [Amended by 1973 c.836 144; renumbered 135.205]
- 133.843 Written waiver of extradition proceedings.
- 133.845 Nonwaiver by this state.
- 133.847 Trial of extradited person for other crimes.
- 133.850 [Renumbered 135.215]
- 133.853 Construction of Act.
- 133.855 Short title.
- 133.857 Payment of agent s expenses.
- 133.860 [Amended by 1959 c.638 14; 1965 c.508 6; 1973 c.836 145; renumbered 135.225] ARREST AND RETURN ACCOUNT
- 133.865 Arrest and Return Account.
- Note: 133.865 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. PENALTIES
- 133.990 [Renumbered 135.990]
- 133.992 Penalties.
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