Traffic Stops
ORS 810.410 — no arrest for a traffic violation, and a request to search only after the right to refuse is explained
At a stop, the sections this page reads say, in short:
- An Oregon police officer may not arrest a person for a traffic violation.
- The officer may stop and detain the person for an investigation reasonably related to the violation, identification and issuing a citation.
- The officer may ask about weapons and other matters to ensure the safety of everyone present.
- During the stop the officer may inquire into circumstances that arise and give reasonable suspicion of criminal activity.
- An officer may request consent to search only after first informing the person of the right to refuse the request.
- If consent is given, the officer ensures there is a written, video or audio record that it was informed and voluntary.
- The same rule on consent applies to a stop on suspicion of a crime.
- A traffic crime is different: an officer may arrest for one as other statutes allow.
No arrest for a traffic violation. An Oregon police officer may not arrest a person for a traffic violation. The officer may stop and detain the person for an investigation reasonably related to the violation, identification and issuing a citation, and may ask about weapons and other matters to ensure the safety of everyone present.
Other questions. During the stop the officer may inquire into circumstances that arise and give reasonable suspicion of criminal activity. The officer may use the degree of force reasonably necessary to make the stop and keep everyone safe.
The right to refuse, said first. An officer may request consent to search only after first informing the person of the right to refuse the request. If consent is given, the officer ensures there is a written, video or audio record that it was informed and voluntary. The same rule applies to a stop on suspicion of a crime. It does not cover implied consent tests for intoxicants.
A traffic crime is different: an officer may arrest for one as other statutes allow. Stops for crimes are limited to the vicinity of the stop and a reasonable time. What a person must carry and show, and the DUII stop, are covered elsewhere. Whether a particular stop or search was lawful is a question for a licensed Oregon attorney.
Sources for this section (2)
- ORS 810.410 — Arrest and citation
- ORS 131.615 — Stopping of persons
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.