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541.345.4500
Eugene Oregon Criminal
Defense Lawyer / Attorney
Call Now
541.345.4500
Eugene Oregon Criminal
Defense Lawyer / Attorney
The Duvall Law Office is based in Eugene, Oregon, and represents individuals in the Eugene / Springfield area, as well as throughout the state of Oregon on all criminal charges.
A number of Oregon’s laws related to arrest and/or arrest procedure, are set forth here:
ORS 133.220:
An arrest may be effected by:
(1) A peace officer under a warrant;
(2) A peace officer without a warrant;
(3) A parole and probation officer under a warrant as provided in ORS 133.239 (Arrest by parole and probation officer);
(4) A parole and probation officer without a warrant for violations of conditions of probation, parole or post-prison supervision;
(5) A private person; or
(6) A federal officer.
and,
ORS 133.235:
(1) A peace officer may arrest a person for a crime at any hour of any day or night.
(2) A peace officer may arrest a person for a crime, pursuant to ORS 133.310 (Authority of peace officer to arrest without warrant) (1), whether or not such crime was committed within the geographical area of such peace officers employment, and the peace officer may make such arrest within the state, regardless of the situs of the offense.
(3) The officer shall inform the person to be arrested of the officers authority and reason for the arrest, and, if the arrest is under a warrant, shall show the warrant, unless the officer encounters physical resistance, flight or other factors rendering this procedure impracticable, in which case the arresting officer shall inform the arrested person and show the warrant, if any, as soon as practicable.
(4) In order to make an arrest, a peace officer may use physical force as justifiable under ORS 161.235 (Use of physical force in making an arrest or in preventing an escape), 161.239 (Use of deadly physical force in making an arrest or in preventing an escape) and 161.245 (Reasonable belief described).
(5) In order to make an arrest, a peace officer may enter premises in which the officer has probable cause to believe the person to be arrested to be present.
(6) If after giving notice of the officers identity, authority and purpose, the officer is not admitted, the officer may enter the premises, and by a breaking, if necessary.
(7) A person may not be arrested for a violation except to the extent provided by ORS 153.039 (Stop and detention for violation) and 810.410 (Arrest and citation).
Call Now
541.345.4500
Eugene Oregon Criminal
Defense Lawyer / Attorney