When Police Use Force
ORS 161.233 and ORS 161.242 — objectively reasonable, a warning where there is a chance, and deadly force only against an imminent threat
An Oregon peace officer may use physical force only when it is objectively reasonable, under the totality of the circumstances the officer knows, to believe the person poses an imminent threat of physical injury to the officer or someone else, or that force is necessary to make a lawful arrest or prevent an escape where the officer has probable cause to believe the person committed a crime. The force may go only as far as the officer reasonably believes necessary for that purpose.
Alternatives and a warning first, where there is a chance. If there is a reasonable opportunity, before using force the officer considers alternatives such as verbal de-escalation, waiting or other available resources and techniques, and gives a verbal warning that force may be used, with a reasonable opportunity to comply.
Deadly force. Deadly physical force is permitted only when it is objectively reasonable to believe the person poses an imminent threat of death or serious physical injury to the officer or a third person, and it is necessary to defend against that threat, or to arrest or prevent the escape of someone the officer has probable cause to believe committed a violent felony.
Nothing in the deadly force section justifies reckless or criminally negligent conduct toward innocent bystanders. Corrections officers, civil claims against an agency, and department policy are not on this page. Whether particular force was lawful is a question of fact and law for a court and a licensed Oregon attorney.
Sources for this section (2)
- ORS 161.233 — Use of physical force by peace officer
- ORS 161.242 — Use of deadly physical force by peace officer
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.