133.005
Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450. 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 352.121 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]
Notes of Decisions
Cited in
96
cases (
8 in the last 5 years), 1978–2023 · leading case:
State v. Heintz, 594 P.2d 385 (Or. 1979).
State v. Heintz, 594 P.2d 385 (Or. 1979).
· cites it 16× “ORS 133.005(1) now provides that an arrest includes the placing of a person "under actual or constructive restraint.”
State v. Milligan, 748 P.2d 130 (Or. 1988).
· cites it 8× “" ORS 133.005 was enacted as part of that chapter and provided (as it substantially does now): "As used in ORS 131.”
Growing Green Panda v. Dept. of Human Servs., 461 P.3d 1026 (Or. Ct. App. 2020).
· cites it 14× “Cite as 302 Or App 325 (2020) 329 DHS considered, but rejected, petitioner’s asser- tion at the hearing that the definition of “arrest” in ORS 133.005 controlled the agency’s analysis and established that Stephens-Bontemps had not been arrested.”
State v. Flores, 685 P.2d 999 (Or. Ct. App. 1984).
· cites it 4× “[9] ORS 133.005(1). The search involved in Costanza taking the baggie from defendant was incident to that arrest.”
State v. Werowinski, 40 P.3d 545 (Or. Ct. App. 2002).
· cites it 4× “’ ” ORS 133.005(1). ORS 131.605(6) defines a “stop” as a “temporary restraint of a person’s liberty by a peace officer lawfully present in any place.”
State v. Groda, 591 P.2d 1354 (Or. 1979).
· cites it 4× “At some time, probably after the drugs were found in the briefcase, the defendant was formally arrested for the purpose of "charging him with an offense.”
State v. McClure, 300 P.3d 210 (Or. Ct. App. 2013).
· cites it 36× ““(2) As used in this section: “(a) ‘Arrest’ has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.”
Yancy v. Shatzer, 97 P.3d 1161 (Or. 2004).
· cites it 2× “265 (2000) provided: "In addition to other measures provided for violation of this Code, or any of the laws of the State of Oregon, any peace officer, as defined by ORS 133.005(3), as amended, or any park official or employee * * * may exclude any person who violates any…”
State v. White, 685 P.2d 983 (Or. 1984).
· cites it 6× “Although in Oregon [7] "arrest" as defined in ORS 133.005 will ordinarily subsume custody, the obverse is not necessarily true.”
State v. Johnson, 851 P.2d 1160 (Or. Ct. App. 1993).
· cites it 4× “That violated ORS 133.005(1), Article I, section 9, and the Fourth Amendment.”
State v. Brown, 721 P.2d 1357 (Or. 1986).
· cites it 2× “" ORS 133.005(1). No doubt a private person lawfully taking another person into custody may safeguard himself and items in the suspect's immediate possession that relate to the crime for which he makes the arrest.”
State v. Bonds, 653 P.2d 1024 (Wash. 1982).
· cites it 2× “The police officers were not Oregon peace officers ( Or. Rev. Stat. § 133.005 (3)), or persons authorized by Oregon law to take juveniles into custody.”
— Or. Rev. Stat. § 133.005(1) — 59 cases
State v. Heintz, 594 P.2d 385 (Or. 1979).
“ORS 133.005(1) now provides that an arrest includes the placing of a person "under actual or constructive restraint.”
Growing Green Panda v. Dept. of Human Servs., 461 P.3d 1026 (Or. Ct. App. 2020).
“Cite as 302 Or App 325 (2020) 329 DHS considered, but rejected, petitioner’s asser- tion at the hearing that the definition of “arrest” in ORS 133.005 controlled the agency’s analysis and established that Stephens-Bontemps had not been arrested.”
State v. Flores, 685 P.2d 999 (Or. Ct. App. 1984).
“[9] ORS 133.005(1). The search involved in Costanza taking the baggie from defendant was incident to that arrest.”
State v. Werowinski, 40 P.3d 545 (Or. Ct. App. 2002).
“’ ” ORS 133.005(1). ORS 131.605(6) defines a “stop” as a “temporary restraint of a person’s liberty by a peace officer lawfully present in any place.”
State v. Groda, 591 P.2d 1354 (Or. 1979).
“At some time, probably after the drugs were found in the briefcase, the defendant was formally arrested for the purpose of "charging him with an offense.”
— Or. Rev. Stat. § 133.005(2) — 3 cases
— Or. Rev. Stat. § 133.005(3) — 5 cases
Yancy v. Shatzer, 97 P.3d 1161 (Or. 2004).
“265 (2000) provided: "In addition to other measures provided for violation of this Code, or any of the laws of the State of Oregon, any peace officer, as defined by ORS 133.005(3), as amended, or any park official or employee * * * may exclude any person who violates any…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.