(2) A police officer may issue a citation to a person for a traffic violation at any place within or outside the jurisdictional authority of the governmental unit by which the police officer is authorized to act:
(a) When the traffic violation is committed in the police officer’s presence; or
(b) When the police officer has probable cause to believe an offense has occurred based on a description of the vehicle or other information received from a police officer who observed the traffic violation.
(3) A police officer:
(a) Shall not arrest a person for a traffic violation.
(b) May stop and detain a person for a traffic violation for the purposes of investigation reasonably related to the traffic violation, identification and issuance of citation.
(c) May make an inquiry into circumstances arising during the course of a detention and investigation under paragraph (b) of this subsection that give rise to a reasonable suspicion of criminal activity.
(d) May make an inquiry to ensure the safety of the officer, the person stopped or other persons present, including an inquiry regarding the presence of weapons.
(e) May request consent to search in relation to the circumstances referred to in paragraph (c) of this subsection or to search for items of evidence otherwise subject to search or seizure under ORS 133.535.
(f) May use the degree of force reasonably necessary to make the stop and ensure the safety of the police officer, the person stopped or other persons present.
(g) May make an arrest of a person as authorized by ORS 133.310 (2) if the person is stopped and detained pursuant to the authority of this section.
(4) When a police officer at the scene of a traffic accident has reasonable grounds, based upon the police officer’s personal investigation, to believe that a person involved in the accident has committed a traffic offense in connection with the accident, the police officer may issue to the person a citation for that offense. The authority under this subsection is in addition to any other authority to issue a citation for a traffic offense. [1983 c.338 §400; 1985 c.16 §212; 1991 c.720 §1; 1995 c.308 §1; 1997 c.682 §1; 1997 c.866 §§4,5; 1999 c.1051 §89; 2011 c.506 §48; 2011 c.644 §33]
Structure 2021 Oregon Revised Statutes
Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation
Chapter 810 - Road Authorities; Courts; Police; Other Enforcement Officials
Section 810.010 - Jurisdiction over highways; exception.
Section 810.020 - Regulating use of throughway.
Section 810.030 - Imposition of restrictions on highway use; grounds; procedure; penalties.
Section 810.040 - Designation of truck routes; limitations; penalties.
Section 810.060 - Increase in weight or size if highway found capable of supporting increase; rules.
Section 810.070 - Use of golf carts on highways; rules.
Section 810.080 - Pedestrian traffic.
Section 810.110 - Designation of through highways and stop intersections.
Section 810.120 - Designation of no passing zones.
Section 810.130 - One-way highways; safety zones; turns.
Section 810.140 - Designation of exclusive use lanes.
Section 810.150 - Drain construction; compliance with bicycle safety requirements; guidelines.
Section 810.160 - Controlling parking on highways; limitations.
Section 810.170 - Winter recreation parking locations; plowing; priorities; enforcement.
Section 810.180 - Designation of maximum speeds; rules.
Section 810.210 - Placement and control of traffic control devices.
Section 810.214 - Signs prohibiting unmuffled engine brakes.
Section 810.230 - Unlawful sign display; exceptions; penalty.
Section 810.240 - Unlawful interference with traffic control device or railroad sign; penalty.
Section 810.243 - Operation of flashing light indicating children in school zone.
Section 810.250 - Use of traffic control device placement or legibility as evidence.
Section 810.300 - Security for appearance on traffic crime.
Section 810.310 - Use of license as security deposit.
Section 810.320 - Use of guaranteed arrest bond certificate as security deposit.
Section 810.330 - Use of automobile membership card as security deposit.
Section 810.340 - Proceedings; jurisdiction of financial responsibility requirements and suspension.
Section 810.350 - Procedures for overloading and certain other violations.
Section 810.370 - Court to forward traffic conviction records to department; exceptions.
Section 810.375 - Duties of judges or court clerks.
Section 810.410 - Arrest and citation.
Section 810.420 - Use of speed measuring device; citation; training.
Section 810.425 - Procedure in certain parking cases.
Section 810.434 - Photo red light; operation; evaluation.
Section 810.435 - Use of photographs.
Section 810.436 - Citations based on photo red light; response to citation.
Section 810.437 - Citations for speeding based on photo red light; response to citation.
Section 810.438 - Photo radar; authorized jurisdictions.
Section 810.439 - Citations based on photo radar; response to citation.
Section 810.441 - Photo radar; highway work zones.
Section 810.442 - Citations based on photo radar in highway work zones; response to citation.
Section 810.443 - Photo radar; urban high crash corridors in City of Portland.
Section 810.445 - Use of citation amounts in City of Portland.
Section 810.448 - Security for appearance of person arrested for traffic crime.
Section 810.450 - Security for appearance of person issued citation.
Section 810.460 - Officer’s accident report; use.
Section 810.480 - Inspections involving vehicle dealers and dismantlers.
Section 810.490 - Weighing and measuring vehicles; citation; reduction of load.
Section 810.500 - Stopping and testing vehicles for equipment violations.
Section 810.510 - State police inspection for mechanical condition and equipment.
Section 810.520 - Vehicle repair warning.
Section 810.530 - Authority of weighmasters and motor carrier enforcement officers.