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Oregon Revised Statutes

Or. Rev. Stat. § 801.395 (2026)

“Police officer.”

✓ current as of May 2026
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      801.395 “Police officer.” “Police officer” includes a member of the Oregon State Police, a sheriff, a deputy sheriff, a city police officer, an authorized tribal police officer as defined in ORS 181A.940, a police officer commissioned by a university under ORS 352.121 or 353.125, a Port of Portland peace officer, a reserve officer as defined in ORS 133.005 or a law enforcement officer employed by a service district established under ORS 451.410 to 451.610 for the purpose of law enforcement services. [1983 c.338 §71; 2007 c.558 §1; 2009 c.299 §4; 2011 c.506 §47; 2011 c.641 §3; 2011 c.644 §§32,55; 2013 c.180 §§52,53; 2015 c.174 §23]

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1991–2025 · leading case: State v. Kurtz, 249 P.3d 1271 (Or. 2011).
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State v. Kurtz, 249 P.3d 1271 (Or. 2011). · cites it 18× “The Court of Appeals first considered whether Davino was a “police officer” under ORS 801.395. 2 In doing so, the Court of Appeals — identifying a common characteristic shared by the officers listed in the statute — concluded that tribal police fell within the dictionary…”
State v. Pamperien, 967 P.2d 503 (Or. Ct. App. 1998). · cites it 10× “" [2] The term "police officer" is defined in ORS 801.395, which states: " `Police officer' includes a member of the Oregon State Police, a sheriff, a deputy sheriff or a city police officer.”
State v. Kurtz, 228 P.3d 583 (Or. Ct. App. 2010). · cites it 16× “540, that * * * a Warm Springs Tribal Police Officer is not a police officer under the definition provided by ORS 801.395.” Defendant went on to argue that “in terms of Count 2, the Resisting Arrest count, [ORS 162.”
Daniel N. Gordon, PC v. Rosenblum, 393 P.3d 1122 (Or. 2017). · cites it 2× “For the purposes of that statute, “police officer” was defined in ORS 801.395, which at the time provided that “‘Police officer’ includes a member of the Oregon State Police, a sheriff, a deputy sheriff, [listing other officials but not tribal officers].”
State v. Holmes, 813 P.2d 28 (Or. 1991). “6 As used in the Oregon Vehicle *405 Code, 7 “police officer” includes a sheriff or a deputy sheriff, ORS 801.395, except where the context of a statute requires otherwise.”
State v. Bartol, 496 P.3d 1013 (Or. 2021). “107; “(b) Premeditated and committed intentionally against a person under 14 years of age; “(c) Premeditated, committed intentionally against a police officer as defined in ORS 801.395, and related to performance of the victim’s official duties; or “(d) Premeditated, committed…”
Reyna v. City of Portland (D. Or. 2025). · cites it 4× “That term was “defined in ORS 801.395,” which provided: “Police officer” includes a member of the Oregon State Police, a sheriff, a deputy sheriff, a city police officer, a Port of Portland peace officer or a law enforcement officer employed by a service district established…”
State v. Schaff, 57 P.3d 907 (Or. Ct. App. 2002). · cites it 3× “160(l)(b) requires the person administering the test to have a valid permit; (2) OAR 257-030-0080 requires that to obtain a permit a person must be a “police officer as defined in ORS 801.395”; and (3) Zacarías did not fall within that definition of “police officer.”
State v. Oakes, 89 P.3d 1274 (Or. Ct. App. 2004). · cites it 2× “) It is undisputed that Chase was a “deputy sheriff’ within the meaning of ORS 801.395 at the time of the traffic stop.”
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