ORS 133 Warrant and Related Procedures

  1. 133.033 Community Care Taking
    1. Except as otherwise expressly prohibited by law, any peace officer is authorized to perform community caretaking functions.

    2. As used in this section, community caretaking functions means any lawful acts that are inherent in the duty of the peace officer to serve and protect the public. Community caretaking functions includes, but is not limited to:

    • A. The right to enter or remain upon the premises of another if it reasonably appears to be necessary to:
    • A. Prevent serious harm to any person or property.
    • B. Render aid to injuries or ill persons; or
    • C. Locate missing persons.

    • B. The right to stop or redirect traffic or aid motorists or other persons when such action reasonably appears to be necessary to:
    • A. Prevent serious harm to any person or property;
    • B. Render aid to injuries or ill persons; or
    • C. Locate missing persons.

    3. Nothing contained in this section shall be construed to limit the authority of a peace officer that is inherent in the office or that is granted by any other provision of law.
  2. 133.140 Content and form of Arrest Warrant
    A warrant of arrest shall:

    1. Be in writing;

    2. Specify the name of the person to be arrested, or if the name is unknown, shall designate the person by any name or description by which the person can be identified with reasonable certainty;

    3. State the nature of the crime;

    4. State the date when issued and the county or city where issued;

    5. Be in the name of the State of Oregon or the city where issued, be signed by and bear the title of the office of the magistrate having authority to issue a warrant for the crime charged;

    6. Command any peace officer, or any parole and probation officer for a person who is being supervised by the Department of Corrections or a county community corrections agency, to arrest the person for whom the warrant was issued and to bring the person before the magistrate issuing the warrant, or if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county;

    7. Specify that the arresting officer may enter premises, in which the officer has probable cause to believe the person to be arrested to be present, without giving notice of the officers authority and purpose, if the issuing judge has approved a request for such special authorization; and

    8. Specify the amount of security for release.
  3. 133.545 Issuance and Execution of Search Warrant
  4. 133.575 Execution of Search Warrant
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ORS 133 Warrant and Related Procedures
Description
ORS 133 Statutes
Updated