Bryan Randall Gabriel was arrested on Monday, November 9th 2020 and booked into Clackamas County Jail in Clackamas, Oregon.
The male arrested was listed as having a date of birth of 5/2/74 and was arrested for suspicion of the below crimes:
- ORS.475.894-2 - PCS-METH
- ORS.475.854-2 - PCS-HEROIN
- ORS.475.890 - DCS-METH
- ORS.811.540-2 - ATTEMPT ELUDE POLICE OFFICER
- ORS.166.270-2 - PROBATION VIOLATION FELON IN POSSN OF FIREARM
- ORS.475.890 - DCS-METH
- ORS.475.894 - PCS-METH
- ORS.811.540 - ELUDING A POLICE OFFICER
- ORS.475.854 - PCS-HEROIN
- ORS.166.270-2 - PROBATION VIOLATION FELON IN POSSN OF FIREARM
Bail has been set to 560000 for Gabriel which is listed as a 5.0 ft 10 in white male weighing approximately 165 lbs.
Bryan Randall Gabriel was arrested in Clackamas County Oregon and Bryan Randall Gabriel 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.
Bryan Randall Gabriel is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Unlawful possession of methamphetamine.
(1) It is unlawful for any person knowingly or intentionally to possess methamphetamine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.(2) Unlawful possession of methamphetamine is a Class C felony. [2005 c.708 §18]
Unlawful delivery of methamphetamine.
(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methamphetamine.(2) Unlawful delivery of methamphetamine is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful delivery of methamphetamine is a Class A felony if the delivery is to a person under 18 years of age.
(4) The minimum fine for unlawful delivery of methamphetamine is $500. [2005 c.708 §16; 2011 c.597 §13]
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)
Possession of weapons by certain felons.
(1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.
(3) For the purposes of this section, a person has been convicted of a felony if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:
(a) The court declared the conviction to be a misdemeanor at the time of judgment; or
(b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.
(4) Subsection (1) of this section does not apply to any person who has been:
(a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or
(b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]
Unlawful possession of methamphetamine.
(1) It is unlawful for any person knowingly or intentionally to possess methamphetamine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.(2) Unlawful possession of methamphetamine is a Class C felony. [2005 c.708 §18]
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)
Unlawful possession of heroin.
(1) It is unlawful for any person knowingly or intentionally to possess heroin.(2) Unlawful possession of heroin is a Class B felony. [2005 c.708 §28]
