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Oregon Revised Statutes

Or. Rev. Stat. § 133.245 (2026)

Arrest by federal officer; procedure

✓ current as of May 2026
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      133.245 Arrest by federal officer; procedure. (1) A federal officer may arrest a person:

      (a) For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime.

      (b) For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime.

      (c) When rendering assistance to or at the request of a law enforcement officer, as defined in ORS 414.805.

      (d) When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person’s arrest.

      (2) The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest.

      (3) In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS 161.233, 161.242 and 161.245.

      (4)(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer.

      (b) The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person.

      (5) A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer.

      (6) A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section. [1981 c.808 §3; 1993 c.254 §2; 1995 c.79 §48; 1997 c.853 §34; 2020 s.s.2 c.3 §13]

 

      133.250 [Repealed by 1973 c.836 §358]

 

      133.260 [Repealed by 1973 c.836 §358]

 

      133.270 [Repealed by 1973 c.836 §358]

 

      133.280 [Repealed by 1971 c.743 §432]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]

Notes of Decisions
Cited in 3 cases, 1992–2020 · leading case: State v. Rodriguez, 854 P.2d 399 (Or. 1993).
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State v. Rodriguez, 854 P.2d 399 (Or. 1993). · cites it 4× “ORS 133.245 provides authority for federal officers to arrest persons, but "federal officer" is defined in ORS 133.”
State v. Rodriguez, 823 P.2d 1026 (Or. Ct. App. 1992). · cites it 4× “Defendant does not argue that ORS 133.245(1) [3] controls this case. Instead, he argues that Article I, section 9, invalidates an administrative arrest warrant that is not supported by oath or affirmation.”
Wise v. City of Portland (D. Or. 2020). · cites it 2× “235 or Or. Rev. Stat. § 133.245 ; (2) using physical force directly or indirectly targeted at a protest medic when the medic is providing medical care to an individual and poses no threat to the lives or safety of the public or police; (3) requiring properly identified protest…”
Or. Rev. Stat. § 133.245(1): 1 case
State v. Rodriguez, 823 P.2d 1026 (Or. Ct. App. 1992). “Defendant does not argue that ORS 133.245(1) [3] controls this case. Instead, he argues that Article I, section 9, invalidates an administrative arrest warrant that is not supported by oath or affirmation.”
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