Chapter 430

 

      430.260 to 430.425

 

ATTY. GEN. OPINIONS: Authorized contracts and expenditures, (1977) Vol 38, p 1618

 

      430.315

 

ATTY. GEN. OPINIONS: Drunkenness as element of crime of disorderly conduct, breach of peace or vagrancy, (1975) Vol 37, p 647

 

      430.325

 

      See annotations under ORS 430.402.

 

      430.335

 

ATTY. GEN. OPINIONS: Licensing of alcoholism facilities approved for state alcoholism grants by Mental Health Division, (1977) Vol 38, p 1533

 

      430.345 to 430.375

 

ATTY. GEN. OPINIONS: Nondelegability of Mental Health Division responsibility, (1976) Vol 38, p 199

 

      430.380

 

ATTY. GEN. OPINIONS: Distribution of funds, (1976) Vol 38, p 199

 

      430.399

(formerly 426.460)

 

NOTES OF DECISIONS

 

      Under evidence that person was found by police officers face down by curb and was determined by them to be intoxicated and incapacitated, and that officers had been notified by nearby detoxification facility that facility would not accept patients who were non-ambulatory; whether there was an absence of an appropriate treatment facility was question for jury. Tindall v. Multnomah County, 31 Or App 279, 570 P2d 979 (1977)

 

      Police could not, without warrant, in noncriminal, nonemergency situation, open closed container seized from intoxicated person at the time person was booked into holding facility pursuant to this section where purpose of opening containers was to detect evidence of crime rather than to aid person. State v. Lawrence, 58 Or App 423, 648 P2d 1338 (1982), Sup Ct review denied

 

      It was improper under this section for police to conduct full custodial search of intoxicated person at the scene of a stop before transportation to a holding facility or civil hold when they did not have a warrant and purpose was to detect contraband as well as weapons. State v. Keyes, 61 Or App 434, 657 P2d 724 (1983)

 

      Police officer who takes person to police station for detoxification pursuant to this section may not open closed containers for purposes of inventory. State v. Perry, 298 Or 21, 688 P2d 827 (1984)

 

      Legislature did not intend this statute to immunize intoxicated person from criminal prosecution for other criminal conduct. State v. Westlund, 302 Or 225, 729 P2d 541 (1986)

 

      During inventory conducted on civil detoxification hold, paperfold removed from defendant’s front pants pocket that was recognized by officer as type used to package cocaine entitled officer to seize evidence of crime that was in plain view, without warrant, and to use evidence at defendant’s criminal trial. State v. Lippert, 317 Or 397, 856 P2d 634 (1993)

 

      Breach of duty to act regarding incapacitated person creates cause of action for statutory tort, but not for negligence per se. Scovill v. City of Astoria, 324 Or 159, 921 P2d 1312 (1996)

 

      “Public place” means place that public is free to enter at will. State v. Premsingh, 154 Or App 682, 962 P2d 732 (1998)

 

      Authority of treatment facility to conduct inventory search may be implied from decision of politically accountable body to establish facility. State v. Ketelson, 163 Or App 70, 986 P2d 1202 (1999)

 

LAW REVIEW CITATIONS: 77 OLR 497 (1998); 52 WLR 383 (2016)

 

      430.401

(formerly 426.470)

 

NOTES OF DECISIONS

 

      Immunity for actions taken does not immunize peace officers for failure to take required actions regarding incapacitated person. Scovill v. City of Astoria, 324 Or 159, 921 P2d 1312 (1996)

 

      430.402

(formerly 430.325)

 

NOTES OF DECISIONS

 

      City ordinance prohibiting drinking alcohol in public places is not preempted by this section. State v. Uroza-Zuniga, 287 Or App 214, 402 P3d 772 (2017)

 

ATTY. GEN. OPINIONS: Drunkenness as element of crime of disorderly conduct, breach of peace or vagrancy, (1975) Vol 37, p 647

 

      430.450 to 430.555

 

NOTES OF DECISIONS

 

      These sections do not confer on drug-dependent defendants right to choose treatment in lieu of prosecution nor is there any due process or equal protection right to such treatment; discretion given to prosecutors under these sections does not violate separation of powers doctrine. State v. Graves, 58 Or App 286, 648 P2d 866 (1982)

 

      430.620

 

ATTY. GEN. OPINIONS: Governing body responsibilities in mental health program, (1976) Vol 37, p 1074

 

      430.630

 

ATTY. GEN. OPINIONS: Mandatory basic services, (1976) Vol 37, p 1074

 

      430.660

 

      See annotations under ORS 430.694.

 

      430.694

(formerly 430.660)

 

ATTY. GEN. OPINIONS: Requirements concerning federal funding, (1976) Vol 37, p 1074

 

      430.760 to 430.820

 

ATTY. GEN. OPINIONS: Private school tuition for handicapped children, (1974) Vol 36, p 942

 

      430.920

 

LAW REVIEW CITATIONS: 35 WLR 797 (1999)