§ 29-06-15 — Arrest without warrant - Peace officer - Federal agent

North Dakota § 29-06-15

• Jurisdiction: North Dakota
• Title 29: Judicial Procedure, Criminal
• Ch. 29-06: Arrest

Text

1. A law enforcement officer, without a warrant, may arrest a person:
a. For a public offense, committed or attempted in the officer's presence and for the
purpose of this subdivision, a crime must be deemed committed or attempted in
the officer's presence when what the officer observes through the officer's senses
reasonably indicates to the officer that a crime was in fact committed or
attempted in the officer's presence by the person arrested.
b. When the person arrested has committed a felony, although not in the officer's
presence.
c. When a felony in fact has been committed, and the officer has reasonable cause
to believe the person arrested to have committed it.
d. On a charge, made upon reasonable cause, of the commission of a felony by the
party arrested.
e. For the public offenses, not classified as felonies and not committed in the
officer's presence as provided for under section 29-06-15.1.
f. On a charge, made upon reasonable cause, of driving or being in actual physical
control of a vehicle in violation of section 39-08-01.
g. For the offense of violating an order prohibiting contact under section
12.1-31.2-02 or a civil protection order under chapter 14-07.7.
h. On a charge, made upon reasonable cause, of being under the influence of
volatile chemical vapors in violation of section 19-03.1-22.1.
i. For the offense of harassing a public safety agency or making a false report to a
public safety agency under subsection 4 of section 12.1-17-07.
2. A federal agent, without a warrant, may arrest a person if all of the following
circumstances exist:
a. The officer is on duty.
b. One or more of the following situations exist:

(1) The person commits an assault or other crime, defined and punishable
under chapter 12.1-17, against the officer or against any other person in the
presence of the officer.
(2) The officer has reasonable cause to believe that a crime, as defined in
paragraph 1, has been committed and reasonable cause to believe that the
person to be arrested has committed it.
(3) The officer has reasonable cause to believe that a felony has been
committed and reasonable cause to believe that the person to be arrested
has committed it.
(4) The officer has received positive information from an authoritative source
that a peace officer holds a warrant for the person's arrest.
3. If a law enforcement officer has reasonable cause to believe an individual has violated
a lawful order of a court of this state which requires the individual to participate in the
twenty-four seven sobriety program authorized in sections 54-12-27 through 54-12-31,
the law enforcement officer may immediately take the individual into custody without a
warrant. An individual taken into custody under this subsection may not be released on
bail or on the individual's personal recognizance unless the individual has made a
personal appearance before a magistrate.