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Oregon Revised Statutes

Or. Rev. Stat. § 133.340 (2026)

Authority to order arrest for crime committed in presence of magistrate

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      133.340 Authority to order arrest for crime committed in presence of magistrate. When a crime is committed in the presence of a magistrate, the magistrate may, by a verbal or written order, command any person to arrest the offender and may thereupon proceed as if the offender had been brought before the magistrate upon a warrant of arrest. [Amended by 1973 c.836 §73; 1983 c.661 §8]

 

      133.350 [Repealed by 1973 c.836 §358]

Notes of Decisions
Cited in 4 cases, 1965–1996 · leading case: Utley v. City of Indep., 402 P.2d 91 (Or. 1965).
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Utley v. City of Indep., 402 P.2d 91 (Or. 1965). · cites it 10× “However, it is argued that the situations are alike because in both situations the magistrate has personal knowledge of the offense.”
State v. Noble, 842 P.2d 780 (Or. 1992). “ORS 133.340, which dates back to 1862, General Laws of Oregon, ch 7, § 642, p 312 (Civ Code) ( Deady 1845 -1864), provides: “When a crime is committed in the presence of a magistrate, the magistrate may, by a verbal or written order, command any person to arrest the offender and…”
State v. Seal, 910 P.2d 394 (Or. Ct. App. 1996). · cites it 2× “340, 2 held that when a crime is committed in the *697 “physical presence of a judicial officer acting in the judicial officer’s official capacity!,] [flor example, * * * when a party fails to appear without excuse at the time and place of a scheduled hearing, * * * the facts…”
Germeroth v. City of Oregon City, 733 P.2d 32 (Or. Ct. App. 1987). “The issuance of a search warrant without an affidavit thus was not the erroneous performance of an authorized judicial function, but was the performance of a wholly unauthorized act by one having no jurisdiction to act.”
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