State v. Kurtz
249 P.3d 1271
| Or. | 2011Background
- Davino, a Warm Springs tribal police officer, stopped a vehicle for an observed traffic offense near the Warm Springs Reservation boundary.
- The stop occurred after the vehicle crossed the reservation boundary into Jefferson County; an altercation ensued during the stop.
- Defendant, a non-Indian resident of the reservation, was charged in Jefferson County Circuit Court with fleeing or attempting to elude a police officer (ORS 811.540) and resisting arrest (ORS 162.315).
- Defendant moved for acquittal arguing Davino was not a police officer under ORS 811.540 nor a peace officer under ORS 162.315; the trial court denied the motion and found guilt on both charges.
- Court of Appeals reversed, holding Davino was neither a police officer nor a peace officer because he was a tribal officer.
- This court granted review to determine whether the legislature intended to include tribal police within those terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tribal police fit the term 'police officer' under ORS 811.540 | Kurtz argues tribal police are not police officers under ORS 801.395. | Kurtz contends tribal status excludes tribal officers from 'police officer'. | Yes; tribal police are within 'police officer'. |
| Whether tribal police fit the term 'peace officer' under ORS 162.315 | Kurtz argues tribal officers are not designated by Oregon law as peace officers. | Kurtz maintains tribal designation is insufficient to qualify as 'peace officer'. | Yes; tribal officers are designated by law as peace officers. |
| How to interpret ORS 801.395 and ORS 161.015(4) to include tribes | Davino should be included given common law enforcement functions. | The statutes implicitly limit to state/local government employees. | Statutes include tribal police under both terms. |
Key Cases Cited
- State v. Gaines, 346 Or. 160 (2009) (statutory interpretation with text, context, history)
- Schmidt v. Mt. Angel Abbey, 347 Or. 389 (2009) (nonexclusive lists and interpretive weight of examples)
- Bellikka v. Green, 306 Or. 630 (1988) (ejusdem generis and interpretation of general terms with examples)
- State v. Briney, 345 Or. 505 (2008) (plain meaning given to common terms)
- Strate v. A-1 Contractors, 520 U.S. 438 (1997) (tribal police authority on Indian land; detentions)