State v. Kurtz, 350 Or. 65

249 P.3d 1271 (2011) · Supreme Court of Oregon · March 25, 2011 · No. S058346; CA A132184; CC 05FE0031

Summary

The Oregon Supreme Court held that tribal police officers authorized to enforce Oregon law qualify as "police officers" and "peace officers" under Oregon statutes governing fleeing or attempting to elude and resisting arrest. The court reversed the Court of Appeals and affirmed the defendant's convictions. The decision focused on statutory text, ordinary meaning, legislative context, and the role of Warm Springs tribal police in Oregon's public safety system.

Holdings

  1. A tribal police officer authorized to enforce Oregon law falls within the statutory term "police officer" in ORS 801.395 and therefore may be the officer involved in a prosecution for fleeing or attempting to elude under ORS 811.540.
  2. A tribal police officer authorized to enforce Oregon law is a person "designated by law" as a peace officer under ORS 161.015(4) and therefore may be the peace officer involved in a prosecution for resisting arrest under ORS 162.315.
  3. The statutory terms "police officer" and "peace officer" are not limited to officers employed by or designated by an Oregon state or local governmental entity.

Questions Presented

  1. Whether a Warm Springs tribal police officer is a "police officer" under ORS 801.395 for purposes of the crime of fleeing or attempting to elude a police officer under ORS 811.540.
  2. Whether a Warm Springs tribal police officer is a "peace officer" under ORS 161.015(4) for purposes of the crime of resisting arrest under ORS 162.315.
  3. Whether the statutory terms "police officer" and "peace officer" are limited to officers employed by or designated by an Oregon state or local governmental entity.

Disposition

reversed

Cases Cited (12)

  • State v. Kurtz, 233 Or. App. 573, 228 P.3d 583 (2010)(reversed)
  • State v. Gaines, 346 Or. 160, 172, 206 P.3d 1042 (2009)(followed)
  • State v. Briney, 345 Or. 505, 511, 200 P.3d 550 (2008)(followed)
  • Bellikka v. Green, 306 Or. 630, 634, 636, 762 P.2d 997 (1988)(applied by analogy)
  • Lewis v. CIGNA Ins. Co., 339 Or. 342, 351, 121 P.3d 1128 (2005)(applied by analogy)
  • Vannatta v. Keisling, 324 Or. 514, 533, 931 P.2d 770 (1997)(applied by analogy)
  • Schmidt v. Mt. Angel Abbey, 347 Or. 389, 404-05, 223 P.3d 399 (2009)(followed)
  • Oliphant v. Suquamish Indian Tribe, 435 U.S. 191, 212, 98 S. Ct. 1011, 55 L. Ed. 2d 209 (1978)(followed)
  • Solem v. Bartlett, 465 U.S. 463, 465 n. 2, 104 S. Ct. 1161, 79 L. Ed. 2d 443 (1984)(followed)
  • White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 142, 100 S. Ct. 2578, 65 L. Ed. 2d 665 (1980)(followed)

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