If an arrest is made in this state by an officer of another state in accordance with ORS § 133.430, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.

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Terms Used In Oregon Statutes 133.440

  • Arrest: Taking physical custody of a person by lawful authority.
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

 

PROCEDURES AFTER ARREST