133.408: ����� (a) �Adjoining state� means California, Idaho, Nevada or Washington. ����� (b) �Certified peace officer� means a regularly employed peace officer or police officer from an adjoining s

133.408:

����� (a) �Adjoining state� means California, Idaho, Nevada or Washington.

����� (b) �Certified peace officer� means a regularly employed peace officer or police officer from an adjoining state, including a peace officer or police officer employed by a local government of an adjoining state.

����� (c) �Employing agency� means a state or local government of an adjoining state that employs a certified peace officer.

����� (2) A certified peace officer is a peace officer and a police officer in this state when:

����� (a) The officer enters this state in order to provide, or attempt to provide, law enforcement services described in subsection (3) of this section; and

����� (b) The law enforcement services occur within 50 miles from the contiguous border of this state and the adjoining state where the officer is employed.

����� (3) Subsection (2) of this section applies when the certified peace officer is providing, or attempting to provide, law enforcement services under any of the following circumstances:

����� (a) In response to a request for law enforcement services initiated by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.

����� (b) In response to a reasonable belief that emergency law enforcement services are necessary for the preservation of life, and a request for services by an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police for those services is impractical to obtain under the circumstances. The certified police officer shall obtain authorization from an Oregon law enforcement agency having jurisdiction over the location where the services were provided as soon as is practicable after the services have been provided.

����� (c) For the purpose of assisting an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State police in providing emergency service in response to criminal activity, traffic accidents, emergency incidents or other similar public safety problems, whether or not an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police is present at the scene of the incident.

����� (4) When a certified peace officer exercises any authority granted under this section, the officer shall submit, as soon as is practicable, a written report concerning the incident to the Oregon law enforcement agency having primary jurisdiction over the geographic area in which the incident occurred. Oregon law enforcement agencies may establish reporting procedures and forms to facilitate reporting required under this subsection.

����� (5) This section does not confer upon a certified peace officer the authority to enforce Oregon traffic or motor vehicle laws. [2011 c.472 �1]

����� Note: 133.405 to 133.408 were enacted into law by the Legislative Assembly but were 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.

����� 133.407 Immunities and liabilities; supervision; compensation; training. (1) A certified peace officer who exercises authority under ORS 133.405 and the officer�s employing agency are subject to the same civil immunities and liabilities as a peace officer and the peace officer�s employing agency in Oregon.

����� (2) A certified peace officer who exercises authority under ORS 133.405 is subject to the supervisory control of and limitations imposed by the certified peace officer�s employing agency unless supervisory control is temporarily delegated to an Oregon sheriff, constable, marshal, municipal police officer or member of the Oregon State Police.

����� (3) The certified peace officer may not receive separate compensation from an Oregon law enforcement agency for providing law enforcement services within this state under ORS 133.405.

����� (4) Notwithstanding any other provision of law, any person who is acting as a certified peace officer in this state in the manner described in ORS 133.405 is deemed to have met the requirements of ORS 133.005 (3) if the certified peace officer has completed the basic training required for peace officers in the adjoining state in which the certified peace officer is employed. [2011 c.472 �2]

����� Note: See note under 133.405.

����� 133.408 Application of ORS 133.405 and 133.407. (1) ORS 133.405 and 133.407 do not limit the authority of an officer of another state to make an arrest or take other action under ORS 133.410 to 133.440. ORS 133.405 and 133.407 apply only in the absence of a mutual aid agreement between the State of Oregon and an adjoining state, or between local governments of this state and adjoining states, or any combination thereof, to which the employing agency is a party.

����� (2) A certified peace officer exercising authority under ORS 133.405, and the certified peace officer�s employing agency, are not officers or employees of the State of Oregon for purposes of ORS 30.260 to 30.300. [2011 c.472 �3]

����� Note: See note under 133.405.

(Uniform Act on Fresh Pursuit)

����� 133.410 Short title. ORS 133.410 to 133.440 may be cited as the Uniform Act on Fresh Pursuit.

����� 133.420 Definitions for ORS 133.410 to 133.440. As used in ORS 133.410 to 133.440:

����� (1) �Fresh pursuit� includes fresh pursuit as defined by the common law; the pursuit of a person who has committed a felony or who reasonably is suspected of having committed a felony; and the pursuit of a person suspected of having committed a felony, though no felony actually has been committed, if there is reasonable ground for believing that a felony has been committed. It does not necessarily imply instant pursuit, but pursuit without unreasonable delay.

����� (2) �State� includes the District of Columbia.

����� 133.430 Authority to make arrest in fresh pursuit. (1) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold such person in custody as has any member of any duly organized state, county or municipal peace unit of this state to arrest and hold in custody a person on the ground that the person is believed to have committed a felony in this state.

����� (2) This section shall not be construed to make unlawful any arrest in this state which otherwise would be lawful.

����� 133.440 Proceedings following arrest in fresh pursuit. If an arrest is made in this state by an officer of another state in accordance with ORS 133.430, the officer shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, the magistrate shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state. If the magistrate determines that the arrest was unlawful, the magistrate shall discharge the person arrested.

PROCEDURES AFTER ARREST

����� 133.450 Return of arrest warrant; release decision. (1) If the defendant is arrested in the county in which the warrant issued, the defendant shall be taken before the magistrate who issued the warrant, or, if the magistrate is absent or unable to act, before the nearest or most accessible magistrate in the same county; but if the defendant is arrested in another county and the crime charged in the warrant is a misdemeanor, the officer shall, upon being required by the defendant, take the defendant before a magistrate of that county, who shall make a release decision as provided in ORS 135.230 to 135.290. The officer shall at the same time deliver to the magistrate the warrant with the return of the officer indorsed and subscribed by the officer.

����� (2) After making the release decision, the magistrate shall certify that fact on the warrant and return the warrant and release agreement or security release to the officer having charge of the defendant. The officer shall then discharge the defendant from arrest and without delay deliver the warrant and release agreement or security release to the clerk of the court in the other county at which the defendant is required to appear.

����� (3) If the defendant is to be released and does not agree to the release agreement, or a security deposit is not forthwith given, the officer shall take the defendant before the magistrate who issued the warrant or some other magistrate in that county, as provided in this section, together with the warrant. [Formerly