David Alek Misiuk was arrested on Sunday, December 23rd 2018 and booked into Clackamas County Jail in Clackamas, Oregon.
The male arrested was listed as having a date of birth of 9/26/91 and was arrested for suspicion of the below crimes:
- ORS.165.570 - IMPROPER USE OF 911
- ORS.811.540-2 - ATTEMPT ELUDE POLICE OFFICER
- ORS.162.247 - INTERFERING WITH PEACE OFFICER
ORS.162.015 - BRIBE GIVING
Bail has been set to 35000 for Misiuk which is listed as a 5.0 ft 11 in white male weighing approximately 185 lbs.
David Alek Misiuk was arrested in Clackamas County Oregon and David Alek Misiuk has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office near Clackamas County Oregon. For more regarding the Clackamas County Sheriffs department you can visit their website. They can also be contact them at their about us page.
David Alek Misiuk is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Improper use of emergency communications system.
(1) A person commits the crime of improper use of the emergency communications system if the person knowingly:(a) Makes an emergency call or calls the School Safety Hotline for a purpose other than to report a situation that the person reasonably believes requires prompt service in order to preserve human life or property; or
(b) Allows another person to use communications equipment owned, rented or leased by or under the control of the person to make an emergency call or call the School Safety Hotline for a purpose other than to report a situation that the other person reasonably believes requires prompt service in order to preserve human life or property.
(2) As used in this section:
(a) Emergency call has the meaning given that term in ORS 403.105.
(b) Emergency communications system has the meaning given that term in ORS 403.105.
(c) School Safety Hotline means the toll-free telephone line established under ORS 180.650.
(3) Improper use of the emergency communications system is a Class A misdemeanor. [1995 c.566 §1; 2001 c.619 §4; 2015 c.247 §29]
Fleeing or attempting to elude police officer; penalty.
(1) A person commits the crime of fleeing or attempting to elude a police officer if:(a) The person is operating a motor vehicle; and
(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or operating a vehicle appropriately marked showing it to be an official police vehicle gives a visual or audible signal to bring the vehicle to a stop, including any signal by hand, voice, emergency light or siren, and either:
(A) The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or
(B) The person gets out of the vehicle and knowingly flees or attempts to elude the police officer.
(2) It is an affirmative defense to a prosecution of a person under this section that, after a police officer operating a vehicle not marked as an official police vehicle signaled the person to bring the person’s vehicle to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping.
(3) The offense described in this section, fleeing or attempting to elude a police officer, is applicable upon any premises open to the public and:
(a) Is a Class C felony if committed as described in subsection (1)(b)(A) of this section; or
(b) Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991 c.655 §1; 1997 c.532 §1; 1997 c.860 §1]
PARKING, STOPPING AND STANDING
(Generally)
Interfering with a peace officer or parole and probation officer.
(1) A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181A.355:(a) Intentionally acts in a manner that prevents, or attempts to prevent, a peace officer or parole and probation officer from performing the lawful duties of the officer with regards to another person; or
(b) Refuses to obey a lawful order by the peace officer or parole and probation officer.
(2) Interfering with a peace officer or parole and probation officer is a Class A misdemeanor.
(3) This section does not apply in situations in which the person is engaging in:
(a) Activity that would constitute resisting arrest under ORS 162.315; or
(b) Passive resistance. [1997 c.719 §1; 1999 c.1040 §7; 2005 c.668 §1]
