Oregon Statutes 810.410 – Arrest and citation
(1) A police officer may arrest or issue a citation to a person for a traffic crime at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act as provided by ORS § 133.235 and 133.310.
Terms Used In Oregon Statutes 810.410
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
(2) A police officer may issue a citation to a person for a traffic violation at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act:
(a) When the traffic violation is committed in the police officer’s presence; or
(b) When the police officer has probable cause to believe an offense has occurred based on a description of the vehicle or other information received from a police officer who observed the traffic violation.
(3) A police officer:
(a) May not arrest a person for a traffic violation.
(b) May stop and detain a person for a traffic violation for the purposes of investigation reasonably related to the traffic violation, identification and issuance of citation.
(c) May make an inquiry into circumstances arising during the course of a detention and investigation under paragraph (b) of this subsection that give rise to a reasonable suspicion of criminal activity.
(d) May make an inquiry to ensure the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons.
(e) May request consent to search in relation to the circumstances referred to in paragraph (c) of this subsection or to search for items of evidence otherwise subject to search or seizure under ORS § 133.535, only if the officer first informs the person that the person has the right to refuse the request. If consent is obtained, the officer shall ensure that there is a written, video or audio record that the person gave informed and voluntary consent to search. This subsection does not apply to implied consent searches described in ORS § 813.100, 813.131 or 813.135.
(f) May use the degree of force reasonably necessary to make the stop and ensure the safety of the police officer, the person stopped or other persons present.
(g) May make an arrest of a person as authorized by ORS § 133.310 (2) if the person is stopped and detained pursuant to the authority of this section.
(4) When a police officer at the scene of a traffic accident has reasonable grounds, based upon the police officer’s personal investigation, to believe that a person involved in the accident has committed a traffic offense in connection with the accident, the police officer may issue to the person a citation for that offense. The authority under this subsection is in addition to any other authority to issue a citation for a traffic offense. [1983 c.338 § 400; 1985 c.16 § 212; 1991 c.720 § 1; 1995 c.308 § 1; 1997 c.682 § 1; 1997 c.866 4,5; 1999 c.1051 § 89; 2011 c.506 § 48; 2011 c.644 § 33; 2022 c.78 § 2]