A police officer may take security for the appearance of a person arrested for a traffic crime if it appears to the officer that the arrested person might fail to appear in response to a citation. Authority granted by this section is in addition to any authority to accept security under ORS § 810.450. The authority of an officer to take security under this section is subject to all of the following:

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Terms Used In Oregon Statutes 810.448

  • 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

(1) Except as otherwise provided in this section, an officer may only take security if there is no accessible magistrate or clerk or deputy clerk authorized by the magistrate.

(2) Except as otherwise provided in this section, an officer may only accept as security the following, if the following would be acceptable under ORS § 810.300, for a security deposit for the offense for which the arrest was made:

(a) An unexpired automobile membership card described under ORS § 810.330; or

(b) An unexpired guaranteed arrest bond certificate described under ORS § 810.320.

(3) An officer may take security for offenses described in this subsection whether or not there is an accessible magistrate or clerk or deputy clerk authorized by the magistrate. This subsection applies to the following offenses for which a jail sentence may be imposed:

(a) Failure to comply with commercial vehicle enforcement requirements under ORS § 818.400.

(b) Violation of posted weight limits under ORS § 818.040.

(4) An officer who takes security under this section shall give a receipt for the security accepted and shall issue the person a citation to appear before a court having jurisdiction of the offense.

(5) An officer shall promptly cause any security accepted under this section to be delivered to the court for disposition as provided under ORS § 810.300. [Formerly 810.440]

 

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