Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 161.260

Use of physical force in resisting arrest prohibited

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      161.260 Use of physical force in resisting arrest prohibited. A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful. [1971 c.743 §32]

Notes of Decisions
Cited in 20 cases, 1978–2020 · leading case: State v. Moreno
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State v. Moreno (2017) orctapp · cites it 7× “The state points to ORS 161.260, a provision of the justification section of Oregon Laws 1971, chapter 743.”
State v. Oliphant (2009) or · cites it 3× “” ORS 161.260; see also ORS 162.315 (a person may not resist arrest by intentionally using or threatening to use violence, physical force, or any other means that creates a substantial risk of physical injury to any person against a person known to be a peace officer making an…”
State v. Wiegmann (1998) md · cites it 2× “1-05-03(1) (1997); Or.Rev.Stat. § 161.260 (1997); 18 Pa. Cons.”
In Re Complaint as to the Conduct of White (1991) or · cites it 2× “See ORS 161.260 (person may not use physical force to resist an arrest by peace officer, whether arrest is lawful or unlawful); ORS 163.”
State v. Wright (1990) or · cites it 3× “315(3); 5 ORS 161.260. 6 The remedy for unlawful *434 arrest is an action in tort, not resistance to the arrest.”
State v. Hobson (1998) wis · cites it 2× “27 (McKinney 1987); Or. Rev. Stat. § 161.260 (1990); 18 Pa. Cons.”
State v. Burger (1982) orctapp · cites it 2× “See also ORS 161.260. The evidence of the independent crimes allegedly committed in response to the stop was improperly suppressed, and the charges were improperly dismissed when the state was unable to proceed after suppression of the evidence.”
Glenn v. State (2020) ga “27 ; Or. Rev. Stat. Ann. § 161.260 . At least 13 states have made it at least a misdemeanor to use force in resisting an arrest by a peace officer without limitation to resisting lawful arrests, although some require that the arrest be under color of the officer’s official…”
State v. Gaffney (1978) orctapp · cites it 2× “See also ORS 161.260. 5 The evidence of the independent crimes allegedly committed in response to the stop was improperly suppressed, and the charges were improperly dismissed when the state was unable to proceed after suppression of the evidence.”
State v. Miller (1978) orctapp · cites it 3× “ORS 161.260 states: "A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful.”
State v. Crane (1980) orctapp · cites it 2× “” The legislature, while recognizing the common law rule, rejected self help as a desirable means of challenging arrests made under color of state law. It decided that disputes concerning the legality of an arrest are best resolved in the courtroom and not on the streets.”
State v. Castle (1980) orctapp · cites it 2× “He further instructed, with respect to resisting arrest, that a person may not use force against an arresting officer whether or not the officer has lawful authority to make the arrest (ORS 161.260) and that, in effectuating an arrest, an officer may lawfully use reasonable…”
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