By Neal Lemery
Given that there have been public demonstrations, and questions about police activity, a number of people have asked me recently “What happens to people who get arrested?”
I sat down recently with someone who is an expert on the topic, Tillamook County Sheriff Josh Brown.
While the Sheriff’s office is the largest law enforcement agency in the county, other law enforcement agencies also play a significant role in the keeping of the peace and enforcing our laws. The Oregon State Police primarily conducts traffic enforcement on highways, as well as having fish and wildlife enforcement duties. Tillamook city and Manzanita have their own police, with Manzanita also patrolling Wheeler and Nehalem. Rockaway Beach contracts with the Sheriff for law enforcement in their city. The Coast Guard, national forests, and the BLM also have a law enforcement presence.
The federal government also enforces immigration law, an area “off limits” to local and state law enforcement, by policy decisions of the Oregon legislature and state leaders. Helping immigration officers is off-limits to state officers, as Oregon is a “sanctuary state”.
“We are peacekeepers, and community caretakers,” Sheriff Josh Brown says. “Deputies need to be knowledgeable about a wide range of laws, as well as being trained on best practices to respond to the full range of human behaviors and situations. We practice community policing, and deputies are part of the community they patrol.”
Oregon police officers are required to be certified by the Oregon Department of Public Safety Standards and Training. The police academy requires 80 hours of training a month for three months, with full certification within 18 months. Officers must also complete an additional 80 hours of training a year. Most officers undergo additional training and extensive mentoring within their agency, as well as a full background check, including a psychological evaluation. Jail deputies have their own certification and training requirements. Their knowledge base is complicated and ever-changing.
“Each situation is different, and a responding officer brings their training, experience, and common sense to a situation. Officers also have the benefit of other officers who are responding, as well as an on-call supervisor, as well as policy manuals and other resources. The district attorney’s office is also available,” the Sheriff added.
If the situation can be resolved with a warning, or with a written citation to appear in court at a later date, the officer will exercise those options.
If an arrest is called for, the person is handcuffed, patted down, and taken to jail. Jail staff, and not the arresting officer begins the process of booking and determining if the person can be released. This process is somewhat elaborate and is governed by jail policy, and a standing local court order.
In 2021, Oregon ended bail as a means of getting out of jail, replacing that process with a long list of criteria to determine if jail or conditional release was the result. Jail staff shall “(d)etermine whether a defendant will be released on recognizance, released on conditions, or held for arraignment in accordance with (a matrix); and release a defendant on conditional release or hold a defendant for an arraignment based on objective, nondiscretionary, person-specific criteria (‘overriding circumstances’)(Presiding Judge’s order).
Within this process, the district attorney can determine if the matter is dismissed, or ask the arresting officer for more investigation. The DA can always file charges later, up through the time period set by the statute of limitations for the charge. In felony cases, the DA could bring the case before the Grand Jury to hear testimony and determine charges.
If the jail staff determines, under their process, that the person should be held in jail, the information is forwarded to the Circuit Court’s pretrial release assistance officer, who will apply the court’s process, which is subject to a judge’s approval.
The court’s process is:
Tillamook County Pretrial Services and Release Assistance
“In 2021, the Oregon Legislature passed Senate Bill 48 aimed at promoting safety and fairness. SB 48 directed the Chief Justice to establish guidelines for pretrial release that direct courts to adopt a consistent approach that considers both the type of crime charged and factors related to the individual. The Presiding Judge in each jurisdiction sets forth guidelines regarding pretrial release (Presiding Judge Order).
“The release assistance officer uses these guidelines to determine if a subject who has been charged with a crime can be release prior to seeing a judge or if they are held for arraignment. The Release Assistance Officer also conducts an interview pretrial assessment. This information is used to determine if a subject can be released into the community while their case is pending.
“Our Mission is to assist the court in determining if someone charged with a crime can be released into the community while the case is pending.” https://www.courts.oregon.gov/courts/tillamook/programs-services/Pages/Pretrial-Release.aspx
There are some exceptions to this process. If the person is arrested on a warrant from another jurisdiction and there is a bail amount, or the crime is a “no bail hold” crime, then those rules apply.
The arresting officer writes a “probable cause” affidavit when they bring the person to jail. That information is reviewed by the district attorney’s office, and also by a judge within 36 hours after the arrest. Based on the arresting officer’s statement, the judge determines if there was probable cause for the arrest. Probable cause is objectively having a reasonable basis to believe a crime has been committed by the defendant. It’s not what the officer subjectively believes, but what a reasonable person having that information would believe. That’s a lower standard than “proof beyond a reasonable doubt”, which is the standard a jury applies after a trial.
On the next business day, the person has a court date for an arraignment, where they are read the charges the district attorney has filed against them, and they either have their own lawyer present or are appointed a lawyer by the judge. The court can make a release decision then, but often that decision is postponed.
Throughout this process, there are a number of professionals who gather information, and use their training and experience in making decisions, and reviewing the decisions of others. It is not a simple process, and its complexity assures that these decisions are made objectively and based on available facts.