ORS § 131.615

Current through 2024 Regular Session legislation effective June 6, 2024
Section 131.615 - Stopping of persons
(1) A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry.
(2) The detention and inquiry shall be conducted in the vicinity of the stop and for no longer than a reasonable time.
(3) The inquiry shall be considered reasonable if it is limited to:
(a) The immediate circumstances that aroused the officer's suspicion;
(b) Other circumstances arising during the course of the detention and inquiry that give rise to a reasonable suspicion of criminal activity; and
(c) Ensuring the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons.
(4)
(a) The inquiry may include a request for consent to search in relation to the circumstances specified in subsection (3) of this section or to search for items of evidence otherwise subject to search or seizure under ORS 133.535 only if the officer first informs the person that the person has the right to refuse the request.
(b) An officer who obtains consent to search under this subsection shall ensure that there is a written, video or audio record that the person gave informed and voluntary consent to search.
(c) This subsection does not apply to implied consent searches described in ORS 813.100, 813.131 or 813.135.
(5) A peace officer making a stop may use the degree of force reasonably necessary to make the stop and ensure the safety of the peace officer, the person stopped or other persons who are present.

ORS 131.615

Amended by 2022 Ch. 78, § 1, eff. 3/24/2022, op. 1/1/2023.
1973 c.836 §31; 1997 c.866 §1