Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 133.220

Who may make arrest

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      133.220 Who may make arrest. An arrest may be effected by:

      (1) A peace officer under a warrant;

      (2) A peace officer without a warrant;

      (3) A parole and probation officer under a warrant as provided in ORS 133.239;

      (4) A parole and probation officer without a warrant for violations of conditions of probation, parole or post-prison supervision;

      (5) A private person; or

      (6) A federal officer. [Amended by 1981 c.808 §2; 2005 c.668 §4]

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1978–2025 · leading case: Babick v. Oregon Arena Corp.
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Babick v. Oregon Arena Corp. (2002) or · cites it 3× “The Court of Appeals found evidence in those statutes that Oregonians “value” a safe and orderly community, and share a “common concern” for reliable and effective law enforcement by citizen officers, particularly at large public events where there is little or no police…”
State v. Brown (1986) or · cites it 2× “Second, the statutes allow a "private person" as well as a "peace officer" to effect an "arrest," ORS 133.220, which 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.”
State v. McClure (2013) orctapp · cites it 24× “315, amended ORS 133.220 to explicitly reference a parole and probation officer’s authority to arrest under a warrant pursuant to section 6 of the act (codified at ORS 133.”
Babick v. Oregon Arena Corp. (1999) orctapp · cites it 6× “225 limits such arrests to "crimes committed in the presence of the private person" and with probable cause, whereas ORS 133.220 and 133.310 grant a peace officer much broader authority to arrest.”
Growing Green Panda v. Dept. of Human Services (2020) orctapp “ORS 133.220. Thus, although judges certainly have the authority to issue warrants for arrest, ORS 133.”
State v. Tucker (1978) orctapp “1 ORS 133.220 provides: "An arrest may be effected by: "(1) A peace officer under a warrant; "(2) A peace officer without a warrant; or "(3) A private person.”
State v. Scatchard (2006) orctapp “…an arrest includes peace officers, parole and probation officers, and federal officers, but not firefighters or EMTs. ORS 133.220.”
State v. Russell (2025) orctapp “The legal authority for a peace officer to seize a per- son “under a warrant,” is provided, in turn, by ORS 133.220(1). The legislature also specified the manner of making an arrest: a peace officer may make an arrest, even without a warrant, “whether or not [the] crime was…”
O'Donnell v. Ameresco, Inc. (2024) ord · cites it 2× “Second the appeals court relied on ORS §§ 133.220(3) and 133.225(2), which entitled private citizens to arrest lawbreakers.”
State v. Russell (2025) orctapp “The legal authority for a peace officer to seize a per- son “under a warrant,” is provided, in turn, by ORS 133.220(1). The legislature also specified the manner of making an arrest: a peace officer may make an arrest, even without a warrant, “whether or not [the] crime was…”
— Or. Rev. Stat. § 133.220(1) — 3 cases
Babick v. Oregon Arena Corp. (1999) orctapp “225 limits such arrests to "crimes committed in the presence of the private person" and with probable cause, whereas ORS 133.220 and 133.310 grant a peace officer much broader authority to arrest.”
State v. Russell (2025) orctapp “The legal authority for a peace officer to seize a per- son “under a warrant,” is provided, in turn, by ORS 133.220(1). The legislature also specified the manner of making an arrest: a peace officer may make an arrest, even without a warrant, “whether or not [the] crime was…”
State v. Russell (2025) orctapp “The legal authority for a peace officer to seize a per- son “under a warrant,” is provided, in turn, by ORS 133.220(1). The legislature also specified the manner of making an arrest: a peace officer may make an arrest, even without a warrant, “whether or not [the] crime was…”
— Or. Rev. Stat. § 133.220(3) — 4 cases
Babick v. Oregon Arena Corp. (2002) or “The Court of Appeals found evidence in those statutes that Oregonians “value” a safe and orderly community, and share a “common concern” for reliable and effective law enforcement by citizen officers, particularly at large public events where there is little or no police…”
Babick v. Oregon Arena Corp. (1999) orctapp “225 limits such arrests to "crimes committed in the presence of the private person" and with probable cause, whereas ORS 133.220 and 133.310 grant a peace officer much broader authority to arrest.”
State v. McClure (2013) orctapp “315, amended ORS 133.220 to explicitly reference a parole and probation officer’s authority to arrest under a warrant pursuant to section 6 of the act (codified at ORS 133.”
O'Donnell v. Ameresco, Inc. (2024) ord “Second the appeals court relied on ORS §§ 133.220(3) and 133.225(2), which entitled private citizens to arrest lawbreakers.”
— Or. Rev. Stat. § 133.220(4) — 1 case
State v. McClure (2013) orctapp “315, amended ORS 133.220 to explicitly reference a parole and probation officer’s authority to arrest under a warrant pursuant to section 6 of the act (codified at ORS 133.”
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