0830.00 Arrest Without Warrant
830.00 ARREST WITHOUT WARRANT
- ORS 133.055 (2)(a) Mandatory Arrests for Domestic Violence
- ORS 133.310 Authority of Officer to Arrest Without Warrant
- ORS 137.545 Authority of Officer to Arrest for Violation of a Condition of Probation
- DIR 311.30 Off-Duty Responsibility of Officers
- DIR 640.00 Identification Procedures
- DIR 640.70 Fingerprinting and Photographing Juveniles
- DIR 825.00 Domestic Violence, Arrests and Restraining Orders
- DIR 840.00 Arrest, With Warrant
- DIR 850.30 Juveniles, Custody
- DIR 860.10 Traffic Citations and Arrests
- DIR 860.30 Citation-in-Lieu-of-Custody
- Victim/Complainant Information Form (Operations Branch)
Arrest and Citations-in-Lieu-of-Custody Stemming from Criminal Actions
A sworn member may make a custody arrest of a person, without a warrant, if the officer has probable cause to believe that the person has committed any of the following:
c. An unclassified offense for which the maximum penalty allowed by law is equal to or greater than the maximum penalty allowed for a Class C misdemeanor.
d. Any other crime committed in the officer’s presence.
e. A violation of Restraining Order or Domestic Violence.
f. A violation of any order or agreement referenced in ORS 133.310.
g. Acts requiring arrest under ORS 133.055.
h. A violation of a condition of probation.
A member may make an arrest inside a place of privacy (a residence) if the member enters, or has entered, in a legal manner (i.e., consent, execution of a warrant, etc.). A member may enter a place of privacy without a warrant to effect an arrest if it can be shown that there is objective evidence, and the member holds a good faith belief that the suspect and/or evidence will be lost or there is a real risk to some other person’s safety if the member were to take the time to obtain a search warrant. If these circumstances do not exist, the member must obtain a search and/ or arrest warrant, as appropriate, to authorize the entry and arrest.
A peace officer may arrest a person without a warrant when the peace officer is notified by teletype, radio, or other mode of communication by another peace officer of any state that there exists a duly issued warrant for the arrest of a person within the other peace officer’s jurisdiction.
Peace officers may also arrest a person without a warrant when notified of the existence of duly issued federal warrants.
Z-Cites and C-Cites (830.00)
a. Z-Cites should be issued for violations and any misdemeanor that is not accepted for booking at the Multnomah County Detention Center. Z-Cites may be issued for misdemeanors that are accepted for booking with prior supervisor approval.
b. C-Cites will be used whenever possible for Class C Felonies.
Arrests for Violating a Condition of Probation (830.00)
Members may only make a probable cause arrest of a person for violating a condition of probation imposed by the county court in the State of Oregon. Members may not arrest for violating a condition of a person’s parole, probation or post-prison supervision imposed by the State of Oregon, another state’s agencies or courts, or federal agencies or courts, without a detainer or warrant first being issued by a court or parole or probation officer.
Procedures for Attempted PCS I and PCS II Charges (830.00):
a. All PCS I and PCS II charges that involve only residue quantities will be referred to the District Attorney’s Office as misdemeanors.
Identification Procedures for Persons to be Issued C-Cites (830.00)
If the member has a reasonable doubt as to the true identity of the person, the member will follow the procedures outlined in DIR 860.30.
Escaped Prisoners – Authority and Means of Retaking (830.00)
If a lawfully arrested person escapes, the person pursuing may use any means and do any act necessary and proper as in making the original arrest.
Arrest in Personal Quarrels (830.00)
Members will not make arrests or issue citations in their own quarrels, nor those of their families or neighbors, except under grave circumstances (i.e., when the use of self-defense is justified). Members will notify the agency responsible for the jurisdiction in which the event is occurring in order that officers may be dispatched to investigate and take the necessary action.
Off-Duty Arrests (830.00)
If possible, off-duty sworn members should make an arrest when a crime is being committed in their presence, if life or property is threatened, or if the situation is of an emergency nature that cannot wait for the arrival of on-duty officers. Refer to DIR 311.30, Off Duty Responsibility of Officers.
Discretion should be used if the crime involves a dangerous situation (i.e., weapons and/or more than one suspect). If the member is not armed, has no assistance, and it is obvious under the prevailing conditions that the member will be incapable of handling the problem, the member should obtain as much information as possible and summon assistance.
Arrest and Custody After a Citizen Makes the Arrest (830.00)
Members will make certain that the arresting citizen signs, in the correct space, on the Custody Report (refer to DIR 860.30).
Members will take into custody and transport to the booking facility those arrested adults who are not issued citations. Juveniles arrested for felonies and Class A misdemeanors will be processed per DIR 640.70 and taken home or to the appropriate juvenile facility as outlined in DIR 850.30. Juveniles arrested for Class B and C Misdemeanors may be processed per DIR 640.70, taken home or to the appropriate juvenile facility as outlined in DIR 850.30.
Members will abide by all arrest procedures in the handling of citizen-arrested persons.
When the suspect is issued a citation or taken into custody for a misdemeanor or violation members shall advise the citizen (i.e., victim) that they must contact the District Attorney’s (DA’s) misdemeanor intake office to request that prosecution be pursued. To facilitate this contact process, members shall complete and issue a Portland Police Bureau Victim/Complainant Information Form, and explain it to the victim. If the suspect was lodged at the Multnomah County Detention Center (MCDC), the victim will be instructed on the form to contact the D.A.’s office by 1100 hours the next business day. If the suspect was issued a citation, the victim will be instructed on the form to contact the DA’s office no sooner than seven business days after the arrest. Complainants in domestic violence cases must contact the DA’s intake office before 1100 hours the next business day to review and obtain a complaint.