Oregon Supreme Ct - July 10, 2014

by: Abassos and Katie Watson • July 10, 2014 • no comments

Resisting Arrest - Arrest for a Parole Violation is an Arrest for Resisting

Under ORS 162.315, the resisting arrest statute, the legislature intended to define resisting arrest as resisting “actual or constructive restraint” that is more than a stop, whether or not that restraint is imposed for the purpose of charging that person with a criminal offense. "Arrest" has the same meaning in ORS 162.315 that it has in ORS 133.005, defining arrest as “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.” Here, the defendant resisted an arrest for a parole violation, even though a PV is not technically an offense. The legislature did not intend the qualifying phrase “for the purpose of charging that person with an offense” to limit the clause “place a person under actual or constructive restraint.” State v. McClure, 355 Or 670 (2014).