153.039 Stop
and detention for violation.
(1) An enforcement officer may not arrest, stop or detain a person for the
commission of a violation except to the extent provided in this section and ORS
810.410.
(2) An
enforcement officer may stop and detain any person if the officer has
reasonable grounds to believe that the person has committed a violation. An
enforcement officer may stop and detain any employee, agent or representative
of a firm, corporation or other organization if the officer has reasonable
grounds to believe that the firm, corporation or other organization has
committed a violation.
(3) Except as
provided in subsection (4) of this section, the period of detention may be only
as long as is necessary to:
(a) Establish the
identity of the person, firm, corporation or organization believed to have
committed the violation;
(b) Conduct any
investigation reasonably related to the violation; and
(c) Issue a
citation for the violation.
(4) The authority
of an enforcement officer to stop and detain a person for a traffic violation
as defined by ORS 801.557 is governed by ORS 810.410. [1999 c.1051 §10]
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 2008–2024 · leading case:
State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009).
State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009).
· cites it 5× “605(5) into ORS 153.039(1). However, even if we give the state the benefit of its proposed statutory interpretation, we need not reach the issue of whether the trial court correctly interpreted ORS 153.”
State v. Brownlee, 461 P.3d 1015 (Or. Ct. App. 2020).
· cites it 2× “See ORS 153.039 (permitting officers to stop and detain persons suspected of viola- tions to allow for a reasonable investigation, but not authorizing arrests); see also Tallman, 76 Or App at 718 (discussing former ORS 133.”
State v. Whitten, 379 P.3d 707 (Multnomah Cty. Cir. Ct., O.R. 2016).
“410(3)(a) (providing that police officer “[s]hall not arrest a person for a traffic violation”); ORS 153.039(3) (providing that a person may be detained in the course of a stop for a violation “only as long as is necessary to: (a) [establish the identity of the person * * *…”
State v. Benoit, 311 P.3d 874 (Or. 2013).
“Enforcement officers are expressly forbidden from arresting a person for the commission of a violation, and they may stop and detain a person whom they have reasonable grounds to believe has committed a violation for only as long as it takes to establish the person’s identity,…”
Santiago v. Tykol (D. Or. 2024).
· cites it 2× “Or. Rev. Stat. § 153.039 (3). Plaintiff concedes that this initial stop was lawful.”
State v. Jenson, 184 P.3d 1194 (Or. Ct. App. 2008).
“ORS 153.039(3). None of those provisions makes the process criminal, in constitutional terms.”
— Or. Rev. Stat. § 153.039(1) — 1 case
State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009).
“605(5) into ORS 153.039(1). However, even if we give the state the benefit of its proposed statutory interpretation, we need not reach the issue of whether the trial court correctly interpreted ORS 153.”
— Or. Rev. Stat. § 153.039(2) — 1 case
State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009).
“605(5) into ORS 153.039(1). However, even if we give the state the benefit of its proposed statutory interpretation, we need not reach the issue of whether the trial court correctly interpreted ORS 153.”
— Or. Rev. Stat. § 153.039(3) — 2 cases
State v. Whitten, 379 P.3d 707 (Multnomah Cty. Cir. Ct., O.R. 2016).
“410(3)(a) (providing that police officer “[s]hall not arrest a person for a traffic violation”); ORS 153.039(3) (providing that a person may be detained in the course of a stop for a violation “only as long as is necessary to: (a) [establish the identity of the person * * *…”
State v. Jenson, 184 P.3d 1194 (Or. Ct. App. 2008).
“ORS 153.039(3). None of those provisions makes the process criminal, in constitutional terms.”
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