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Oregon Revised Statutes

Or. Rev. Stat. § 133.310 (2026)

Authority of peace officer to arrest without warrant

✓ current as of May 2026
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      133.310 Authority of peace officer to arrest without warrant. (1) A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following:

      (a) A felony.

      (b) A misdemeanor.

      (c) An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor.

      (d) Any other crime committed in the officer’s presence.

      (2) A peace officer may arrest a person without a warrant when the peace officer is notified by telegraph, telephone, radio or other mode of communication by another peace officer of any state that there exists a duly issued warrant for the arrest of a person within the other peace officer’s jurisdiction.

      (3) A peace officer shall arrest and take into custody a person without a warrant when the peace officer has probable cause to believe that:

      (a) There exists an order issued pursuant to ORS 30.866, 107.095 (1)(c) or (d), 107.716, 107.718, 124.015, 124.020, 133.035, 163.738, 163.765, 163.767 or 419B.845 restraining the person;

      (b) A true copy of the order and proof of service on the person has been filed as required in ORS 107.720, 124.030, 133.035, 163.741, 163.773 or 419B.845; and

      (c) The person to be arrested has violated the terms of that order.

      (4) A peace officer shall arrest and take into custody a person without a warrant if:

      (a) The person protected by a foreign restraining order as defined by ORS 24.190 presents a physical or electronic copy of the foreign restraining order to the officer and represents to the officer that the order supplied is the most recent order in effect between the parties and that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order; and

      (b) The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.

      (5) A peace officer shall arrest and take into custody a person without a warrant if:

      (a) A foreign restraining order as defined by ORS 24.190 has been filed with a court or has been entered into the Law Enforcement Data System or in the databases of the National Crime Information Center of the United States Department of Justice; and

      (b) The peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.

      (6) A peace officer shall arrest and take into custody a person without a warrant if the peace officer has probable cause to believe:

      (a) The person has been charged with an offense and is presently released as to that charge under ORS 135.230 to 135.290; and

      (b) The person has failed to comply with a no contact condition of the release agreement. [Amended by 1963 c.448 §1; 1973 c.836 §72; 1974 c.42 §2; 1977 c.845 §2; 1979 c.522 §2; 1981 c.780 §8; 1981 c.818 §2; 1983 c.338 §887; 1983 c.661 §7; 1987 c.730 §4a; 1989 c.171 §15; 1991 c.208 §2; 1991 c.222 §2; 1993 c.626 §10; 1993 c.731 §3; 1995 c.353 §11; 1995 c.666 §24; 1997 c.249 §45; 1997 c.863 §2; 1999 c.250 §2; 1999 c.1040 §8; 1999 c.1051 §68; 2005 c.753 §1; 2013 c.687 §15; 2015 c.252 §2; 2021 c.326 §3]

Notes of Decisions
Cited in 155 cases (13 in the last 5 years), 1959–2026 · leading case: Nearing v. Weaver, 670 P.2d 137 (Or. 1983).
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Nearing v. Weaver, 670 P.2d 137 (Or. 1983). · cites it 24× “The case is not based upon either negligent or intentional infliction of emotional distress, rather it is based upon a statutory duty on the part of the police officers to arrest violators of restraining orders pursuent [sic] to ORS 133.310, Sub. 3. "... "I think also in…”
State v. Steinke, 746 P.2d 758 (Or. Ct. App. 1987). · cites it 27× “Moreover, we should also look to other provisions of ORS 133.310. ORS 133.310(1) provides: "A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following: "a.”
Easton v. Hurita, 625 P.2d 1290 (Or. 1981). · cites it 17× “350(4), however, provides that: "A police officer may exercise the authority granted by ORS 133.310 and 484.100 to arrest an individual for a traffic infraction.”
State v. Flores, 685 P.2d 999 (Or. Ct. App. 1984). · cites it 8× “235; ORS 133.310. The crime for which the officer has probable cause need not be the crime for which the arrestee is ultimately charged or even the one for which the officer makes the arrest.”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). · cites it 2× “2001) ("[f]or a public offense, committed or attempted in [the officer's] presence"); Ore. Rev. Stat. § 133.310(1) (1997) (upon probable cause for any felony, Class A misdemeanor, or any other offense in the *359 officer's presence except "traffic infractions" and minor…”
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014). · cites it 7× “”); Nearing, 295 Or at 710-711 (where mandatory arrest statute, ORS 133.310(3), did not expressly create a right of action, such a right was implied by the grant of immunity from civil liability to police officers under ORS 133.”
State v. Jordan, 605 P.2d 646 (Or. 1980). · cites it 6× “ORS 133.310(1). [2] This authority depends on no special exigency when the arrest occurs in public or in a place where the officer has a right to be.”
State v. Rodgers, 227 P.3d 695 (Or. 2010). · cites it 2× ““(g) May make an arrest of a person as authorized by ORS 133.310 (2) if the person is stopped and detained pursuant to the authority of this section.”
Brown v. Multnomah Cnty. Dist. Court, 570 P.2d 52 (Or. 1977). · cites it 2× “ORS 133.310. A person thus arrested faces the possible use of physical restraints, such as handcuffs, a search of the person, booking (including the taking of fingerprints or photographs), and detention in jail if not released by police officers, or at a later time by a…”
Clavette v. Sweeney, 132 F. Supp. 2d 864 (D. Or. 2001). · cites it 6× “In 1999, the Oregon legislature amended Or.Rev.Stat. § 133.310 to permit police officers to effect warrantless arrests whenever they have probable cause to believe a person has committed any felony or misdemeanor crime.”
State v. Lowry, 667 P.2d 996 (Or. 1983). · cites it 2× “ORS 133.310(1) (a). The majority opinion ironically allows a defendant to be arrested based on probable cause without a warrant but requires a warrant for the examination of the very evidence that caused the arrest.”
State v. Toevs, 964 P.2d 1007 (Or. 1998). · cites it 2× “410(3) also authorizes an officer to “make an arrest of a person as authorized by ORS 133.310(2) if the person is stopped and detained pursuant to the authority of this section.”
Show all 155 citing cases →
— Or. Rev. Stat. § 133.310(1) — 42 cases
Atwater v. City of Lago Vista, 532 U.S. 318 (2001). “2001) ("[f]or a public offense, committed or attempted in [the officer's] presence"); Ore. Rev. Stat. § 133.310(1) (1997) (upon probable cause for any felony, Class A misdemeanor, or any other offense in the *359 officer's presence except "traffic infractions" and minor…”
State v. Flores, 685 P.2d 999 (Or. Ct. App. 1984). “235; ORS 133.310. The crime for which the officer has probable cause need not be the crime for which the arrestee is ultimately charged or even the one for which the officer makes the arrest.”
State v. Jordan, 605 P.2d 646 (Or. 1980). “ORS 133.310(1). [2] This authority depends on no special exigency when the arrest occurs in public or in a place where the officer has a right to be.”
State v. Steinke, 746 P.2d 758 (Or. Ct. App. 1987). “Moreover, we should also look to other provisions of ORS 133.310. ORS 133.310(1) provides: "A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following: "a.”
State v. Baldwin, 712 P.2d 120 (Or. Ct. App. 1985).
— Or. Rev. Stat. § 133.310(1)(a) — 8 cases
State v. Lowry, 667 P.2d 996 (Or. 1983). “ORS 133.310(1) (a). The majority opinion ironically allows a defendant to be arrested based on probable cause without a warrant but requires a warrant for the examination of the very evidence that caused the arrest.”
State v. Vasquez-Villagomez, 203 P.3d 193 (Or. 2009).
State v. Gordon, 692 P.2d 618 (Or. Ct. App. 1984).
State v. Plummer, 980 P.2d 676 (Or. Ct. App. 1999).
State v. Huffman, 621 P.2d 78 (Or. Ct. App. 1980).
— Or. Rev. Stat. § 133.310(1)(b) — 10 cases
State v. Tallman, 712 P.2d 116 (Or. Ct. App. 1985).
Miller v. Columbia Cnty., 385 P.3d 1214 (Or. Ct. App. 2016).
State v. Lane, 898 P.2d 1358 (Or. Ct. App. 1995).
State v. Groda, 591 P.2d 1354 (Or. 1979).
State v. Greason, 809 P.2d 695 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 133.310(1)(d) — 1 case
State v. Testa, 964 P.2d 274 (Or. Ct. App. 1998).
— Or. Rev. Stat. § 133.310(1)(e) — 1 case
State v. Augard, 858 P.2d 463 (Or. Ct. App. 1993).
— Or. Rev. Stat. § 133.310(1)(g) — 1 case
State v. DeWhitt, 727 P.2d 151 (Or. Ct. App. 1986).
— Or. Rev. Stat. § 133.310(1)(i) — 1 case
State v. Miears, 999 P.2d 493 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 133.310(1)(j) — 1 case
State v. Ching, 813 P.2d 1081 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 133.310(2) — 12 cases
State v. Toevs, 964 P.2d 1007 (Or. 1998). “410(3) also authorizes an officer to “make an arrest of a person as authorized by ORS 133.310(2) if the person is stopped and detained pursuant to the authority of this section.”
State v. Rodgers, 227 P.3d 695 (Or. 2010). ““(g) May make an arrest of a person as authorized by ORS 133.310 (2) if the person is stopped and detained pursuant to the authority of this section.”
State v. Bentz, 158 P.3d 1081 (Or. Ct. App. 2007).
State v. Fugate, 26 P.3d 802 (Or. 2001).
State v. Meier, 314 P.3d 359 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 133.310(3) — 20 cases
Nearing v. Weaver, 670 P.2d 137 (Or. 1983). “The case is not based upon either negligent or intentional infliction of emotional distress, rather it is based upon a statutory duty on the part of the police officers to arrest violators of restraining orders pursuent [sic] to ORS 133.310, Sub. 3. "... "I think also in…”
Doyle v. City of Medford, 337 P.3d 797 (Or. 2014). “”); Nearing, 295 Or at 710-711 (where mandatory arrest statute, ORS 133.310(3), did not expressly create a right of action, such a right was implied by the grant of immunity from civil liability to police officers under ORS 133.”
State v. Steinke, 746 P.2d 758 (Or. Ct. App. 1987). “Moreover, we should also look to other provisions of ORS 133.310. ORS 133.310(1) provides: "A peace officer may arrest a person without a warrant if the officer has probable cause to believe that the person has committed any of the following: "a.”
McAlpine v. Multnomah Cnty., 883 P.2d 869 (Or. Ct. App. 1994).
Cain v. Rijken, 717 P.2d 140 (Or. 1986).
— Or. Rev. Stat. § 133.310(3)(a) — 1 case
Johnson v. McGrew, 902 P.2d 1209 (Or. Ct. App. 1995).
— Or. Rev. Stat. § 133.310(4) — 2 cases
State v. Meier, 314 P.3d 359 (Or. Ct. App. 2013).
State v. Newcomer, 465 P.2d 916 (Or. Ct. App. 1970).
— Or. Rev. Stat. § 133.310(l)(a) — 18 cases
State v. Miller, 709 P.2d 225 (Or. 1985).
State v. Miller, 191 P.3d 651 (Or. 2008).
State v. Feehely, 556 P.2d 142 (Or. Ct. App. 1976).
State v. Pollock, 102 P.3d 684 (Or. 2004).
State v. Pollock, 73 P.3d 297 (Or. Ct. App. 2003).
— Or. Rev. Stat. § 133.310(l)(b) — 6 cases
State v. Smalley, 225 P.3d 844 (Or. Ct. App. 2010).
State v. Groda, 591 P.2d 1354 (Or. 1979).
State v. Benoit, 311 P.3d 874 (Or. 2013).
State v. Tallman, 712 P.2d 116 (Or. Ct. App. 1985).
Bacon v. City of Tigard, 724 P.2d 885 (Or. Ct. App. 1986).
— Or. Rev. Stat. § 133.310(l)(e) — 2 cases
Mercer v. Dep't of Motor Vehs., 809 P.2d 404 (Cal. 1991).
State v. Clem, 900 P.2d 1064 (Or. Ct. App. 1995).
— Or. Rev. Stat. § 133.310(l)(i) — 2 cases
State v. McVay, 833 P.2d 297 (Or. 1992).
State v. Cox, 947 P.2d 207 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 133.310(l)(j) — 3 cases
State v. Ching, 813 P.2d 1081 (Or. Ct. App. 1991).
City of Portland v. Potts, 799 P.2d 168 (Or. Ct. App. 1990).
State Ex Rel. Juv. Dep't v. Stout, 811 P.2d 660 (Or. Ct. App. 1991).
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.