Oregon Statutes 133.245 – Arrest by federal officer; procedure
(1) A federal officer may arrest a person:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 133.245
- Arrest: Taking physical custody of a person by lawful authority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
(a) For any crime committed in the federal officer’s presence if the federal officer has probable cause to believe the person committed the crime.
(b) For any felony or Class A misdemeanor if the federal officer has probable cause to believe the person committed the crime.
(c) When rendering assistance to or at the request of a law enforcement officer, as defined in ORS § 414.805.
(d) When the federal officer has received positive information in writing or by telephone, telegraph, teletype, radio, facsimile machine or other authoritative source that a peace officer holds a warrant for the person’s arrest.
(2) The federal officer shall inform the person to be arrested of the federal officer’s authority and reason for the arrest.
(3) In order to make an arrest, a federal officer may use physical force as is justifiable and authorized of a peace officer under ORS § 161.233, 161.242 and 161.245.
(4)(a) A federal officer making an arrest under this section without unnecessary delay shall take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(b) The federal officer retains authority over the arrested person only until the person appears before a magistrate or until the law enforcement agency having general jurisdiction over the area in which the arrest took place assumes responsibility for the person.
(5) A federal officer when making an arrest for a nonfederal offense under the circumstances provided in this section shall have the same immunity from suit as a state or local law enforcement officer.
(6) A federal officer is authorized to make arrests under this section upon certification by the Department of Public Safety Standards and Training that the federal officer has received proper training to enable that officer to make arrests under this section. [1981 c.808 § 3; 1993 c.254 § 2; 1995 c.79 § 48; 1997 c.853 § 34; 2020 s.s.2 c.3 § 13]
[Repealed by 1973 c.836 § 358]
[Repealed by 1973 c.836 § 358]
[Repealed by 1973 c.836 § 358]
[Repealed by 1971 c.743 § 432]
[Repealed by 1973 c.836 § 358]
[Repealed by 1973 c.836 § 358]