Oregon Law
Law as of Jan 1, 2024
Chapter contents
133.005Definitions for ORS 133.005 to 133.400 and 133.410 to 133.450 133.007Sufficiency of information or complaint; previous convictions; use of statutory language 133.010[Amended by 1965 c.508 §1; repealed by 1973 c.836 §358] 133.015Contents of information or complaint 133.020Magistrate defined 133.030Who are magistrates 133.033Peace officer; community caretaking functions 133.035Ex parte emergency protective orders; service; expiration; contempt proceeding; required availability of judges; fees; forms 133.037[1971 c.743 §289; 1973 c.836 §33; renumbered 131.655] 133.040[Repealed by 1965 c.508 §8] 133.045[1969 c.244 §1; 1973 c.836 §65; 1974 c.42 §1; repealed by 1999 c.1051 §72] 133.050[Repealed by 1959 c.426 §1] 133.055Criminal citation; exception for domestic disturbance; notice of rights 133.060Cited person to appear before magistrate; failure to appear; appearance during statewide emergency 133.065Service of criminal citation 133.066Criminal citations generally 133.067[1991 c.824 §2; 1995 c.292 §2; repealed by 1999 c.1051 §72] 133.068Contents of criminal citation issued without complaint 133.069Contents of criminal citation issued with complaint; nonconformance 133.070Criminal citation where arrest without warrant is authorized for ordinance violation 133.072[1983 c.661 §10; repealed by 1999 c.1051 §72] 133.073Electronic filing of criminal citation; court rules 133.075[1969 c.244 §9; 1973 c.836 §66; 1983 c.661 §3; repealed by 1999 c.1051 §63 (133.076 enacted in lieu of 133.075)] 133.076Failure to appear on criminal citation 133.077[1991 c.592 §2; repealed by 1999 c.1051 §72] 133.080[1969 c.244 §7; 1971 c.404 §5; 1975 c.451 §172; 1979 c.477 §2; 1983 c.338 §886; repealed by 1999 c.1051 §72] 133.100[1971 c.404 §1; 1973 c.836 §67; repealed by 1999 c.1051 §72] 133.110Issuance; citation 133.120Authority to issue warrant 133.130[Repealed by 1973 c.836 §358] 133.140Content and form of warrant 133.150[Repealed by 1961 c.443 §3] 133.160[Amended by 1959 c.664 §28; repealed by 1961 c.443 §3] 133.170[Amended by 1961 c.443 §2; repealed by 1973 c.836 §358] 133.210[Repealed by 1973 c.836 §358] 133.220Who may make arrest 133.225Arrest by private person 133.230[Repealed by 1971 c.743 §432] 133.235Arrest by peace officer; procedure 133.239Arrest by parole and probation officer; procedure 133.240[Repealed by 1973 c.836 §358] 133.245Arrest by federal officer; procedure 133.250[Repealed by 1973 c.836 §358] 133.260[Repealed by 1973 c.836 §358] 133.270[Repealed by 1973 c.836 §358] 133.280[Repealed by 1971 c.743 §432] 133.290[Repealed by 1973 c.836 §358] 133.300[Repealed by 1973 c.836 §358] 133.310Authority of peace officer to arrest without warrant 133.315Liability of peace officer making arrest 133.318Providing false foreign restraining order; false representation to peace officer 133.320[Repealed by 1973 c.836 §358] 133.330[Repealed by 1973 c.836 §358] 133.340Authority to order arrest for crime committed in presence of magistrate 133.350[Repealed by 1973 c.836 §358] 133.360Arrests on warrant or order transmitted by telegraph 133.370[Repealed by 1971 c.743 §432] 133.375Definitions for ORS 133.375 to 133.381 133.377Arrest of persons for cruelty to animals; immunity of peace officer providing care for animal 133.379Duty of peace officer to arrest and prosecute violators of cruelty to animals laws 133.380[Repealed by 1971 c.743 §432] 133.381Procedure in arrests for violation of certain restraining orders; arrest of person not in county where order or warrant issued 133.400Recording of custodial interviews of adults 133.402Recording of custodial interviews of juveniles 133.403Voluntariness of statement by juvenile during custodial interview 133.405Definitions for ORS 133.405 to 133.408; provision of law enforcement services 133.407Immunities and liabilities; supervision; compensation; training 133.408Application of ORS 133.405 and 133.407 133.410Short title 133.420Definitions for ORS 133.410 to 133.440 133.430Authority to make arrest in fresh pursuit 133.440Proceedings following arrest in fresh pursuit 133.450Return of arrest warrant; release decision 133.455Receipts for property taken from person in custody; penalty 133.460Forfeiture of conveyances used unlawfully to conceal or transport stolen property 133.465Seizure of stolen animals or other property being transported; proceedings against person arrested 133.470Sale of seized property; rights of owner and lienholder 133.475Notice to owner 133.485Perishable property; livestock or fowls 133.495Retention of property to answer order of court 133.510[Repealed by 1965 c.508 §8] 133.515Interpreter to be made available to person with a disability 133.518Duty of peace officer to request emergency medical services 133.520[Amended by 1965 c.508 §2; 1973 c.836 §75; renumbered 133.450] 133.525Definitions for ORS 133.525 to 133.703 133.530[Repealed by 1965 c.508 §8] 133.535Permissible objects of search and seizure 133.537Protection of things seized; liability of agency 133.539Obtaining information from portable electronic devices 133.540[Repealed by 1965 c.508 §8] 133.545Issuance of search warrant; where executable; form of application 133.550[Repealed by 1973 c.836 §358] 133.555Hearing 133.560[Repealed by 1973 c.836 §358] 133.565Contents of search warrant 133.575Execution of warrant 133.585[1973 c.836 §87; repealed by 1997 c.313 §37] 133.595List of things seized 133.605Use of force in executing warrants 133.610[Amended by 1963 c.511 §1; 1965 c.508 §3; 1973 c.836 §138; renumbered 135.070] 133.615Return of the warrant 133.617“Mobile tracking device” defined 133.619Execution of warrant authorizing mobile tracking device 133.620[Amended by 1965 c.508 §4; renumbered 135.075] 133.621Medical procedures; immunity from liability for performing 133.623Handling and disposition of things seized 133.625[1961 c.696 §1; 1967 c.475 §1; 1973 c.836 §135; renumbered 135.050] 133.630[Repealed by 1961 c.696 §4] 133.633Motion for return or restoration of things seized 133.635[1961 c.696 §3; 1967 c.628 §2; renumbered 135.080] 133.640[Repealed by 1965 c.508 §8] 133.643Ground for motion for return or restoration of things seized 133.650[Repealed by 1973 c.836 §358] 133.653Postponement of return or restoration; appellate review; contents of order 133.660[Amended by 1961 c.289 §1; 1965 c.508 §5; 1973 c.836 §139; renumbered 135.085] 133.663Disputed possession rights 133.665[Repealed by 1961 c.289 §3] 133.670[Renumbered 135.090] 133.673Motions to suppress evidence 133.680[Renumbered 135.095] 133.683[1973 c.836 §117; repealed by 1997 c.313 §37] 133.690[Renumbered 135.100] 133.693Challenge to truth of evidence 133.700[Renumbered 135.105] 133.703Identity of informants 133.705Definitions for ORS 133.705 to 133.717 133.707Custodian’s obligation to preserve biological evidence; effect of inability to produce in judicial proceeding; rules 133.709Notice of intent to dispose; motion to preserve 133.710[Renumbered 135.115] 133.713Inventory; right to review 133.715Order; appeal 133.717Provision of notice or order to defendant 133.720[Renumbered 135.125] 133.721Definitions for ORS 41.910 and 133.721 to 133.739 133.723Records confidential 133.724Order for interception of communications; application; grounds for issuance; contents of order; progress reports 133.725[Formerly 141.720; repealed by 1979 c.716 §3 (133.724 enacted in lieu of 133.725)] 133.726Interception of oral communication without order; order for interception of oral communication; application; grounds for issuance; contents of order; penalties 133.727Proceeding under expired order prohibited 133.729Recording intercepted communications; method; delivery to court; custody 133.730[Renumbered 135.135] 133.731Inventory; contents; inspection of intercepted communications 133.733Procedure for introduction as evidence 133.735Suppression of intercepted communications; procedure; grounds; appeal 133.736Suppression of intercepted oral communication; procedure; appeal 133.737Disclosure and use of intercepted communications 133.739Civil damages for willful interception, disclosure or use of communications; attorney fees; defense; effect on other remedies 133.740[Renumbered 135.145] 133.741Law enforcement agency policies and procedures regarding video and audio recordings; requirements; exceptions 133.743Definitions for ORS 133.743 to 133.857; appointment of legal counsel to assist Governor 133.745Determination of security requirements to carry out extradition 133.747Fugitives from other states; Governor to cause arrest and delivery of criminals 133.750[Renumbered 135.155] 133.753Form of demand 133.755[1961 c.521 §1; repealed by 1973 c.836 §358] 133.757Investigation of demand and report 133.760[Amended by 1973 c.836 §140; renumbered 135.165] 133.763Facts documents must show 133.767Extradition of person not present in demanding state at time of commission of crime 133.770[Renumbered 136.345] 133.773Governor’s warrant of arrest 133.777Execution of the warrant 133.780[Renumbered 136.347] 133.783Authority of arresting officer to command assistance 133.787Rights of arrested person 133.793Penalty for disobedience to ORS 133.787 133.797Confinement of prisoner 133.803Arrest prior to requisition 133.805Arrest without warrant 133.807Commitment to await arrest on requisition 133.809Release 133.810[Amended by 1973 c.836 §141; renumbered 135.175] 133.813Proceedings in absence of arrest under executive warrant within specified time 133.815Forfeiture; recovery thereon 133.817Persons under criminal prosecution in this state at time of requisition 133.820[Amended by 1973 c.836 §142; renumbered 135.185] 133.823When guilt of accused may be inquired into 133.825Governor may recall warrant 133.827Warrant to agent to return fugitive from this state 133.830[Amended by 1973 c.836 §143; renumbered 135.195] 133.833Application for requisition; filing and forwarding of papers 133.835Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion 133.837Appointment of agent to return fugitive from this state who waives extradition 133.839Immunity from civil process in certain civil cases 133.840[Amended by 1973 c.836 §144; renumbered 135.205] 133.843Written waiver of extradition proceedings 133.845Nonwaiver by this state 133.847Trial of extradited person for other crimes 133.850[Renumbered 135.215] 133.853Construction of Act 133.855Short title 133.857Payment of agent’s expenses 133.860[Amended by 1959 c.638 §14; 1965 c.508 §6; 1973 c.836 §145; renumbered 135.225] 133.865Arrest and Return Account 133.870Release of booking photo by law enforcement agency 133.875Removal of booking photo from publication or website; liability 133.990[Renumbered 135.990] 133.992Penalties

Chapter 133 — Arrest and Related Procedures; Search and Seizure; Extradition

ORS 133.787 Rights of arrested person

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person shall have appointed to receive the person unless the person has been informed of the demand made for surrender and of the crime with which the person is charged, and that the person has the right to demand legal counsel; and if the prisoner, the friends, or counsel of the prisoner shall state the desire to test the legality of the arrest, the prisoner shall be taken forthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the prisoner within which to apply for a writ of habeas corpus. And when such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the said agent of the demanding state.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.