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Or. Rev. Stat. § 133.140

Content and form of warrant

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      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, shall designate the person by any name or description by which the person can be identified with reasonable certainty;

      (3) State the nature of the crime;

      (4) State the date when issued and the county or city where issued;

      (5) Be in the name of the State of Oregon or the city where issued, be signed by and bear the title of the office of the magistrate having authority to issue a warrant for the crime charged;

      (6) Command any peace officer, or any parole and probation officer for a person who is being supervised by the Department of Corrections or a county community corrections agency, to arrest the person for whom the warrant was issued and to bring the person before the magistrate issuing the warrant, or if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county;

      (7) Specify that the arresting officer may enter premises, in which the officer has probable cause to believe the person to be arrested to be present, without giving notice of the officer’s authority and purpose, if the issuing judge has approved a request for such special authorization; and

      (8) Specify the amount of security for release. [Amended by 1961 c.443 §1; 1973 c.836 §70; 1977 c.746 §3; 1983 c.661 §6; 2005 c.668 §3]

 

      133.150 [Repealed by 1961 c.443 §3]

 

      133.160 [Amended by 1959 c.664 §28; repealed by 1961 c.443 §3]

 

      133.170 [Amended by 1961 c.443 §2; repealed by 1973 c.836 §358]

 

      133.210 [Repealed by 1973 c.836 §358]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

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1973–2025 · leading case: State v. Johnson
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State v. Johnson (1993) orctapp · cites it 4× “]" ORS 133.140. (Emphasis supplied.) The warrant commanded the arrest of Tracy Teixeira.”
State v. Arce (1986) orctapp · cites it 4× “Unlike ORS 133.140(7), which allows a judge to authorize an arresting officer to enter premises without giving notice of the officer's authority and purpose, there is no statute allowing a magistrate to waive those requirements for a search.”
State v. Ford (1990) or · cites it 2× “) [16] ORS 133.140(7) provides that an arrest warrant shall "Specify that the arresting officer may enter premises, in which the officer has probable cause to believe the person to be arrested to be present, without giving notice of the officer's authority and purpose, if the…”
State v. Meier (1996) orctapp · cites it 2× “360, and arrest warrants must be in writing, ORS 133.140(1). Defendant’s parole officer authorized the arrest orally, and defendant was taken into custody about 30 minutes before a written arrest order was faxed.”
State v. Brown (1989) orctapp “110 to ORS 133.140. 2 ORS 813.255 provides, in relevant part: “(1) At any time before the court dismisses with prejudice the charge of driving while under the influence of intoxicants, the court on its own motion or on the motion of the district attorney or city attorney may…”
State v. Russell (2025) orctapp · cites it 7× “” ORS 133.140. As relevant here, subsection (6) of that stat- ute sets out the requirement that an arrest warrant state a “[c]ommand,” which is addressed to “any peace officer” instructing them “to arrest the person for whom the warrant was issued.”
State v. McClure (2013) orctapp · cites it 2× “315 (crime of resisting arrest), ORS 133.140 (content of an arrest warrant), and ORS 133.”
State v. Russell (2025) orctapp · cites it 7× “” ORS 133.140. As relevant here, subsection (6) of that stat- ute sets out the requirement that an arrest warrant state a “[c]ommand,” which is addressed to “any peace officer” instructing them “to arrest the person for whom the warrant was issued.”
State v. Dodge (2008) orctapp “at 185 , and an arrest warrant authorizes any police officer to arrest the person named in it, ORS 133.140(6). Further, Simon testified, and the court had no reason to doubt, that “[w]e get a weekly unentered sheet, it’s called, which is the warrants coming out of the Community…”
Pamplin Media Grp. v. City of Salem (2018) orctapp “, ORS 133.140 (content and form of arrest warrant); ORS 133.”
State v. R. V. J. (2025) orctapp “”), with ORS 133.140(5) (requiring warrants of arrest “[b]e in the name of the State of Oregon or the city where issued, [and] be signed by and bear the title of the office of the magistrate having authority to issue a warrant for the crime charged” (emphasis added)).”
State v. Vaughn (1991) orctapp · cites it 2× “550(2), 3 “warrant” means an arrest warrant under ORS 133.140(5). 4 Accordingly, because a magistrate did not sign the warrant, the court did not retain jurisdiction.”
Show all 14 citing cases →
— Or. Rev. Stat. § 133.140(1) — 3 cases
State v. Meier (1996) orctapp “360, and arrest warrants must be in writing, ORS 133.140(1). Defendant’s parole officer authorized the arrest orally, and defendant was taken into custody about 30 minutes before a written arrest order was faxed.”
State v. Russell (2025) orctapp “” ORS 133.140. As relevant here, subsection (6) of that stat- ute sets out the requirement that an arrest warrant state a “[c]ommand,” which is addressed to “any peace officer” instructing them “to arrest the person for whom the warrant was issued.”
State v. Russell (2025) orctapp “” ORS 133.140. As relevant here, subsection (6) of that stat- ute sets out the requirement that an arrest warrant state a “[c]ommand,” which is addressed to “any peace officer” instructing them “to arrest the person for whom the warrant was issued.”
— Or. Rev. Stat. § 133.140(2) — 1 case
State v. Johnson (1993) orctapp “]" ORS 133.140. (Emphasis supplied.) The warrant commanded the arrest of Tracy Teixeira.”
— Or. Rev. Stat. § 133.140(5) — 5 cases
State v. Russell (2025) orctapp “” ORS 133.140. As relevant here, subsection (6) of that stat- ute sets out the requirement that an arrest warrant state a “[c]ommand,” which is addressed to “any peace officer” instructing them “to arrest the person for whom the warrant was issued.”
State v. R. V. J. (2025) orctapp “”), with ORS 133.140(5) (requiring warrants of arrest “[b]e in the name of the State of Oregon or the city where issued, [and] be signed by and bear the title of the office of the magistrate having authority to issue a warrant for the crime charged” (emphasis added)).”
State v. Vaughn (1991) orctapp “550(2), 3 “warrant” means an arrest warrant under ORS 133.140(5). 4 Accordingly, because a magistrate did not sign the warrant, the court did not retain jurisdiction.”
State v. Russell (2025) orctapp “” ORS 133.140. As relevant here, subsection (6) of that stat- ute sets out the requirement that an arrest warrant state a “[c]ommand,” which is addressed to “any peace officer” instructing them “to arrest the person for whom the warrant was issued.”
State v. R. V. J. (2025) orctapp
— Or. Rev. Stat. § 133.140(6) — 3 cases
State v. Dodge (2008) orctapp “at 185 , and an arrest warrant authorizes any police officer to arrest the person named in it, ORS 133.140(6). Further, Simon testified, and the court had no reason to doubt, that “[w]e get a weekly unentered sheet, it’s called, which is the warrants coming out of the Community…”
State v. Russell (2025) orctapp “” ORS 133.140. As relevant here, subsection (6) of that stat- ute sets out the requirement that an arrest warrant state a “[c]ommand,” which is addressed to “any peace officer” instructing them “to arrest the person for whom the warrant was issued.”
State v. Russell (2025) orctapp “” ORS 133.140. As relevant here, subsection (6) of that stat- ute sets out the requirement that an arrest warrant state a “[c]ommand,” which is addressed to “any peace officer” instructing them “to arrest the person for whom the warrant was issued.”
— Or. Rev. Stat. § 133.140(7) — 2 cases
State v. Arce (1986) orctapp “Unlike ORS 133.140(7), which allows a judge to authorize an arresting officer to enter premises without giving notice of the officer's authority and purpose, there is no statute allowing a magistrate to waive those requirements for a search.”
State v. Ford (1990) or “) [16] ORS 133.140(7) provides that an arrest warrant shall "Specify that the arresting officer may enter premises, in which the officer has probable cause to believe the person to be arrested to be present, without giving notice of the officer's authority and purpose, if the…”
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