Marcus Dwaine Tate was booked at 6:47 PM on Monday, May 17th, 2021 by Portland Police, East Precinct. Tate was booked into Multnomah County Jail in Portland, Oregon.
The 40 year old male was arrested for suspicion of the below crimes:
Bail has been set to $2,500 for Tate which is listed as a 6 ft 1 in black male weighing approximately 185 lbs.
Marcus Dwaine Tate was arrested in Multnomah County Oregon and Marcus Dwaine Tate 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]
Criminal trespass in the second degree.
(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]
Unlawful entry into a motor vehicle.
(1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.(2) Unlawful entry into a motor vehicle is a Class A misdemeanor.
(3) As used in this section, enters includes, but is not limited to, inserting:
(a) Any part of the body; or
(b) Any object connected with the body. [1995 c.782 §1]
