Article i Bill of Rights
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Transcript of Article i Bill of Rights
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Oregon Constitution states: ARTICLE XV Section 3. Oaths of office. Every person elected or appointed
to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation
to support the Constitution of the United States, and of this State, and also an oath of office.
Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause,supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or
things to be seized.
ARTICLE I BILL OF RIGHTS
Section 9. Unreasonable searches or seizures. No law shall violate the right of the people to be secure in
their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall
issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be
searched, and the person or thing to be seized.
Section 10. Administration of justice. No court shall be secret, but justice shall be administered, openly and
without purchase, completely and without delay, and every man shall have remedy by due course of law for
injury done him in his person, property, or reputation.
Section 18. Private property or services taken for public use. Private property shall not be taken for public
use, nor the particular services of any man be demanded, without just compensation; nor except in the case
of the state, without such compensation first assessed and tendered; provided, that the use of all roads, ways
and waterways necessary to promote the transportation of the raw products of mine or farm or forest or
water for beneficial use or drainage is necessary to the development and welfare of the state and is declared
a public use. [Constitution of 1859; Amendment proposed by S.J.R. 17, 1919, and adopted by the people
May 21, 1920; Amendment proposed by S.J.R. 8, 1923, and adopted by the people Nov. 4, 1924]
Section 19. Imprisonment for debt. There shall be no imprisonment for debt, except in case of fraud
or absconding debtors.
Section 32. Taxes and duties; uniformity of taxation. No tax or duty shall be imposed without the consent
of the people or their representatives in the Legislative Assembly; and all taxation shall be uniform on the
same class of subjects within the territorial limits of the authority levying the tax. [Constitution of 1859;
Amendment proposed by H.J.R. 16, 1917, and adopted by the people June 4, 1917]
133.005 Definitions for ORS 133.005 to 133.381 and 133.410 to 133.450. As used in ORS 133.005 to
133.381 and 133.410 to 133.450, unless the context requires otherwise:
(1) Arrest means to place a person under actual or constructive restraint or to take a person into
custody for the purpose of charging that person with an offense.
(2) Federal officer means a special agent or law enforcement officer employed by a federal agency
who is empowered to effect an arrest with or without a warrant for violations of the United States Code and
who is authorized to carry firearms in the performance of duty.(2) Peace officer means a member of the Oregon State Police or a sheriff, constable, marshal,
municipal police officer, investigator of a district attorneys office if the investigator is or has beencertified as a peace officer in this or any other state, or an investigator of the Criminal Justice
Division of the Department of Justice of the State of Oregon. [1973 c.836 62; 1979 c.656 1; 1981
c.808 1; 1991 c.67 25; 1993 c.254 1; 1995 c.651 6; 2009 c.11 8]
ARREST
133.220 Who may make arrest. An arrest may be effected by:
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(1) A peace officer under a warrant;
(2) A peace officer without a warrant;
(3) A parole and probation officer under a warrant as provided in ORS 133.239;
(4) A parole and probation officer without a warrant for violations of conditions of probation, parole or
post-prison supervision;(5) A private person; or
(6) A federal officer. [Amended by 1981 c.808 2; 2005 c.668 4]
133.225 Arrest by private person. (1) A private person may arrest another person for any crime
committed in the presence of the private person if the private person has probable cause to believe the
arrested person committed the crime. A private person making such an arrest shall, without unnecessary
delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(3) In order to make the arrest a private person may use physical force as is justifiable under ORS
161.255. [1973 c.836 74]
33.787 Rights of arrested person. No person arrested upon such warrant shall be delivered over to the agent
whom the executive authority demanding the person shall have appointed to receive the person unless the
person has been informed of the demand made for surrender and of the crime with which the person is
charged, and that the person has the right to demand legal counsel; and if the prisoner, the friends, or
counsel of the prisoner shall state the desire to test the legality of the arrest, the prisoner shall be takenforthwith before a judge of a court of record in this state, who shall fix a reasonable time to be allowed the
prisoner within which to apply for a writ of habeas corpus. And when such writ is applied for, noticethereof, and of the time and place of hearing thereon, shall be given to the public prosecuting officer of the
county in which the arrest is made and in which the accused is in custody, and to the said agent of the
demanding state. [Formerly 147.100]
181.390
Oath of members of state police
Each member of the Oregon State Police shall take and subscribe to an oath of office to support the
Constitution and laws of the United States and of the State of Oregon, and to honestly and faithfullyperform the duties imposed upon the member under the laws of Oregon. The oath of the Superintendent of
State Police and Deputy Superintendent of State Police shall be filed with the Secretary of State, and the
oaths of all other members with the superintendent. [Amended by 1971 c.467 5]
**I am proud to say that in my entire time serving as sheriff I never issued a seat belt citation, and neither
did any of my deputies. We talked to the people about wearing seat belts; we encouraged them to be safe,
especially where children were concerned. But we could not in clear conscience enforce a law which
violated the personal freedoms of the people, and thereby the principles of the constitution!I'm not saying that we should all refuse to wear seat belts. The issue is not whether or not it's a good idea.
The real danger here is that when we allow government to enforce these kinds of laws, we are surrendering
our ability to think and act for ourselves.