162.385 Giving
false information to a peace officer in connection with a citation or warrant. (1) A person commits the crime of
giving false information to a peace officer in connection with a citation or
warrant if the person knowingly uses or gives a false or fictitious name,
address or date of birth to any peace officer when:
(a) The peace
officer is issuing or serving the person a citation under authority of ORS
133.055 to 133.076 or ORS chapter 153; or
(b) There is an
outstanding warrant for the person’s arrest.
(2) Giving false
information to a peace officer in connection with a citation or warrant is a
Class A misdemeanor. [1983 c.661 §11; 1999 c.1051 §70; 2003 c.777 §1; 2007
c.771 §1; 2017 c.99 §1]
Note: 162.385 was added to and made a
part of ORS chapter 133 by legislative action. It was not added to ORS chapter
162 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
162.390 [Amended by 1955 c.660 §24;
repealed by 1961 c.649 §9]
162.400 [Repealed by 1971 c.743 §432]
ABUSE OF PUBLIC OFFICE
Notes of Decisions
Cited in
55
cases (
14 in the last 5 years), 1987–2025 · leading case:
State v. Ashbaugh, 244 P.3d 360 (Or. 2010).
State v. Ashbaugh, 244 P.3d 360 (Or. 2010).
· cites it 4× “247(1)(b) (failure to obey a peace officer); and ORS 162.385 (prohibiting giving of false information for a citation or arrest on a warrant).”
State v. Dickey, 500 P.3d 688 (Or. Ct. App. 2021).
· cites it 45× “]” Defendant appeals, arguing that, to obtain a conviction under that provision of ORS 162.385, the state must prove, as an element of the offense, that some provision of ORS chapter 153 gave the officer to whom he provided false infor- mation actual authority to cite him.”
State v. Backstrand, 313 P.3d 1084 (Or. 2013).
· cites it 4× “Three statutes that Justice Walters cites as “crimes” that, objectively, defendant might have thought the officer to be investigating are simply inapplicable in this circumstance.”
State v. Ramirez, 468 P.3d 1006 (Or. Ct. App. 2020).
· cites it 5× “On appeal, defendant assigns error to that denial, first arguing that the trial court incorrectly deter- mined that handcuffing defendant—an act which led to the discovery of a knife sheathed under defendant’s sleeve—was justified by the officer safety exception to the warrant…”
State v. Huffman, 227 P.3d 1206 (Or. Ct. App. 2010).
· cites it 4× “055 (2005), amended by Oregon Laws 2009, chapter 16, section 3, and one count of giving false information to a peace officer for the issuance or service of a citation or an arrest warrant (Count 3), ORS 162.385 (2005), amended by Oregon Laws 2007, chapter 771, section l.”
State v. Lusk, 340 P.3d 670 (Or. Ct. App. 2014).
· cites it 8× “By a grand jury indictment, the state charged defendant with giving false information to a peace officer under ORS 162.385. That statute provides, in pertinent part: “(1) A person commits the crime of giving false information to a peace officer for issuance or service of a…”
State v. Allen, 191 P.3d 762 (Or. Ct. App. 2008).
· cites it 5× “013, giving false information to a peace officer, ORS 162.385, and five counts of identity theft, ORS 165.”
State v. Anderson, 313 P.3d 1113 (Or. 2013).
· cites it 2× “, concurring in the judgment), it is my view that when an officer requests an individual’s identification in 10 The trial court did not specify whether it found reasonable suspicion based on either or both of the grounds that Johnson identified, which were that he believed that…”
State v. Jaha, 848 P.2d 622 (Or. Ct. App. 1993).
· cites it 6× “ORS 162.385. He appeals, assigning as error the court’s denial of his motion for judgment of acquittal.”
State v. Regnier, 212 P.3d 1269 (Or. Ct. App. 2009).
· cites it 2× “In this criminal proceeding, in which defendants are charged with giving false information to a police officer, ORS 162.385, and possession of liquor by a minor (MIP), ORS 471.”
State v. Anderson, 217 P.3d 1133 (Or. Ct. App. 2009).
· cites it 2× “ORS 162.385. Each officer heard the other's conversation, and they decidedapparently simultaneouslyto ask both of the car's occupants to step out of the vehicle.”
State v. Moresco, 281 P.3d 263 (Or. Ct. App. 2012).
· cites it 7× “” As we explained in Allen: “To demonstrate that a defendant violated ORS 162.385, the state must show (1) that ‘the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer’ and (2) that the officer asked for that information for…”
— Or. Rev. Stat. § 162.385(1) — 7 cases
State v. Ramirez, 468 P.3d 1006 (Or. Ct. App. 2020).
“On appeal, defendant assigns error to that denial, first arguing that the trial court incorrectly deter- mined that handcuffing defendant—an act which led to the discovery of a knife sheathed under defendant’s sleeve—was justified by the officer safety exception to the warrant…”
State v. Dickey, 500 P.3d 688 (Or. Ct. App. 2021).
“]” Defendant appeals, arguing that, to obtain a conviction under that provision of ORS 162.385, the state must prove, as an element of the offense, that some provision of ORS chapter 153 gave the officer to whom he provided false infor- mation actual authority to cite him.”
State v. Jaha, 848 P.2d 622 (Or. Ct. App. 1993).
“ORS 162.385. He appeals, assigning as error the court’s denial of his motion for judgment of acquittal.”
— Or. Rev. Stat. § 162.385(1)(a) — 5 cases
State v. Dickey, 500 P.3d 688 (Or. Ct. App. 2021).
“]” Defendant appeals, arguing that, to obtain a conviction under that provision of ORS 162.385, the state must prove, as an element of the offense, that some provision of ORS chapter 153 gave the officer to whom he provided false infor- mation actual authority to cite him.”
State v. Lusk, 340 P.3d 670 (Or. Ct. App. 2014).
“By a grand jury indictment, the state charged defendant with giving false information to a peace officer under ORS 162.385. That statute provides, in pertinent part: “(1) A person commits the crime of giving false information to a peace officer for issuance or service of a…”
State v. Moresco, 281 P.3d 263 (Or. Ct. App. 2012).
“” As we explained in Allen: “To demonstrate that a defendant violated ORS 162.385, the state must show (1) that ‘the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer’ and (2) that the officer asked for that information for…”
— Or. Rev. Stat. § 162.385(1)(b) — 4 cases
State v. Lusk, 340 P.3d 670 (Or. Ct. App. 2014).
“By a grand jury indictment, the state charged defendant with giving false information to a peace officer under ORS 162.385. That statute provides, in pertinent part: “(1) A person commits the crime of giving false information to a peace officer for issuance or service of a…”
State v. Moresco, 281 P.3d 263 (Or. Ct. App. 2012).
“” As we explained in Allen: “To demonstrate that a defendant violated ORS 162.385, the state must show (1) that ‘the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer’ and (2) that the officer asked for that information for…”
State v. Dickey, 500 P.3d 688 (Or. Ct. App. 2021).
“]” Defendant appeals, arguing that, to obtain a conviction under that provision of ORS 162.385, the state must prove, as an element of the offense, that some provision of ORS chapter 153 gave the officer to whom he provided false infor- mation actual authority to cite him.”
— Or. Rev. Stat. § 162.385(l)(a) — 1 case
— Or. Rev. Stat. § 162.385(l)(b) — 6 cases
State v. Lusk, 340 P.3d 670 (Or. Ct. App. 2014).
“By a grand jury indictment, the state charged defendant with giving false information to a peace officer under ORS 162.385. That statute provides, in pertinent part: “(1) A person commits the crime of giving false information to a peace officer for issuance or service of a…”
State v. Moresco, 281 P.3d 263 (Or. Ct. App. 2012).
“” As we explained in Allen: “To demonstrate that a defendant violated ORS 162.385, the state must show (1) that ‘the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer’ and (2) that the officer asked for that information for…”
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