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Section 133.315 – Liability of peace officer making arrest

May 14, 2021 | Criminal Procedure, Oregon

(1) No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055(2) or 133.310(3) or (5) provided the peace officer acts in good faith and without malice.
(2) No peace officer shall be criminally or civilly liable for any arrest made under ORS 133.310(4) if the officer reasonably believes that:

(a) A document or other writing supplied to the officer under ORS 133.310(4) is an accurate copy of a foreign restraining order as defined by ORS 24.190 and is the most recent order in effect between the parties; and
(b) The person restrained by the order has been personally served with a copy of the order or has actual notice of the order.

ORS 133.315

1977 c.845 §9; subsection (2) enacted as 1991 c.222 §3; 1999 c.250 §3

133.315(2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 133 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.