0820.00 Arrest, Jurisdiction

Administrative Rules Adopted by Bureaus Pursuant to Rule Making Authority (ARB)
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  • ORS 133.310 Authority of peace officer to arrest without warrant
  • ORS 161.505 Offense, described
  • DIR 630.10 Driving Responses
  • DIR 860.30 Citation-in-Lieu-of-Custody

PROCEDURE (820.00)

Directive Specific Definitions

Fresh pursuit: A chase immediately after the crime and keeping in close proximity of the fleeing suspect.

Jurisdiction: The limits or territory within which police authority may be exercised.

Made fast: Either fixed fast to a dock by a line, anchored in the harbor, or a dead ship being towed.

Arrests Inside the City, Inside of Multnomah County (820.00)

An arrest may be made by members anywhere inside the city limits, except on property under exclusive Federal jurisdiction. Persons taken into custody by members in the City or MultnomahCounty, will be taken to MCDC for booking.

Fresh Pursuit (820.00)

If a member is in fresh pursuit of a person whom the member has seen commit an offense, or has probable cause to arrest pursuant to ORS 133.310 (A), the member may pursue that person anywhere in the State (see DIR 630.10). If the pursuit leads into WashingtonState, it must be discontinued, unless the offense is a felony.

Traffic Violations (820.00)

A member may issue a citation for a traffic violation at any place inside or outside the City when the traffic violation is committed in the member’s presence. Outside the City, the defendant will be cited into the county of occurrence.

Federal Property, Exclusive Federal Jurisdiction (820.00)

Members not in fresh pursuit wishing to make an arrest or serve a warrant on property under exclusive Federal jurisdiction shall:

a. Contact someone in authority in the U.S. Marshal’s Office or the Federal Protective Service and have them make the arrest.

b. Instruct the Federal officer to obtain the complaint. In these instances, the Federal employee making the arrest shall accompany the member to the designated booking facility and shall be listed jointly with the transporting member on the booking report.

c. Prisoners will be booked into MCDC.

Other Federal Property (820.00)

a. Members responding to calls or making arrests on or in other Federal property have full police authority to enforce state and local laws and do not require the assistance of a Federal officer.

b. All violations of Federal statutes covering criminal activities committed in federally owned buildings will be investigated by the Federal Protective Service.

c. Physically or mentally ill persons will be processed in the present manner without regard to Federal jurisdiction.

d. To serve a warrant on a Federal employee in any location noted in the Federal Properties form, the Federal Protective Service will be called to provide jurisdictional assistance as needed.

The U.S. Veterans Hospital is not under Federal control and is subject to full city jurisdiction in all circumstances.

Arrests on Vessels in Harbor (820.00)

All vessels, once they have been made fast in the river within the City limits, must abide by the city harbor regulations. A vessel underway, before or after leaving the dock, is under jurisdiction of the U.S. Coast Guard.

On domestically owned and operated merchant ships, local police powers are complete. Local police power may be exercised on foreign owned and/or operated ships only if the offense committed on the ship affects the peace or dignity of the state or the tranquility of the port (refer: State v. Hatley, 34 OR APP 745, 579 P2d 878 (1978)).

An arrest on any non-commercial marine vessel may be made in the same manner as one made on private property.

Arrests Out of State (820.00)

A police officer from the state where the stop is made will be called to the scene. The officer must either make the arrest on probable cause or handle it as a citizen’s arrest with the PPB member as the complainant. The defendant will be processed and booked in the state where arrested.

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