Shawn Nicholas Harvey was booked at 12:41 AM on Monday, January 20th, 2020 by Gresham Police Department. Harvey was booked into Multnomah County Jail in Portland, Oregon.
The 36 year old male was arrested for suspicion of the below crimes:
- POSS METH MISD (A Misdemeanor)
- POSS METH MISD (A Misdemeanor)
- RESIST ARREST (A Misdemeanor)
- ESCAPE II (C Felony)
- REST ORD VIOL CONTMT (U Misdemeanor)
COUNTY HOLD (U Unknown)
Bail has been set to $5,000 for Harvey which is listed as a 6 ft 1 in white male weighing approximately 190 lbs.
Shawn Nicholas Harvey was arrested in Multnomah County Oregon and Shawn Nicholas Harvey 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 Multnomah County Oregon. For more regarding the Multnomah County Sheriffs department you can visit their website. They can also be contact them at their Frequently asked Questions.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Resisting arrest.
(1) A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest.(2) As used in this section:
(a) Arrest has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process.
(b) Parole and probation officer has the meaning given that term in ORS 181A.355.
(c) Resists means the use or threatened use of violence, physical force or any other means that creates a substantial risk of physical injury to any person and includes, but is not limited to, behavior clearly intended to prevent being taken into custody by overcoming the actions of the arresting officer. The behavior does not have to result in actual physical injury to an officer. Passive resistance does not constitute behavior intended to prevent being taken into custody.
(3) It is no defense to a prosecution under this section that the peace officer or parole and probation officer lacked legal authority to make the arrest or book the person, provided the officer was acting under color of official authority.
(4) Resisting arrest is a Class A misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]
Escape in the second degree.
(1) A person commits the crime of escape in the second degree if:(a) The person uses or threatens to use physical force escaping from custody; or
(b) Having been convicted or found guilty of a felony, the person escapes from custody imposed as a result thereof; or
(c) The person escapes from a correctional facility; or
(d) While under the jurisdiction of the Psychiatric Security Review Board or under the jurisdiction of the Oregon Health Authority under ORS 161.315 to 161.351, the person departs, is absent from or fails to return to this state without authorization of the board.
(2) Escape in the second degree is a Class C felony. [1971 c.743 §191; 1983 c.800 §13; 1985 c.192 §1; 2011 c.708 §22]
Penalty for intentional violation of restraining order
An intentional violation of a restraining order, preliminary injunction or order of abatement under ORS 105.550 (Definitions for ORS 105.550 to 105.600) to 105.600 (ORS 105.550 to 105.600 not to limit authority of cities or counties to further restrict activities) is a Class B misdemeanor. [1989 c.846 §9; 1999 c.168 §9; 2011 c.597 §159]
