North Dakota § 29-06.1-02 Arrest with or without warrant

North Dakota Statutes

§ 29-06.1-02 — Arrest with or without warrant

North Dakota § 29-06.1-02

Title 29Judicial Procedure, Criminal

Ch. 29-06.1Tribal Arrest Warrants

This text of North Dakota § 29-06.1-02 (Arrest with or without warrant) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 29-06.1-02 (2026).

Text

1.A peace officer may arrest a person subject to a tribal arrest warrant if presented with the warrant and may arrest a person without a tribal arrest warrant upon probable cause to believe that the person is the subject of such a warrant. An arrest is authorized under this subsection only if the arrest warrant is issued for commission of a crime punishable as a misdemeanor under the applicable tribal ordinance or resolution.

2.The arrested person may waive the right to appear before a judge and consent to transfer of custody to the applicable tribal authority by executing a written waiver in the presence of a peace officer or correctional officer. Before executing a written waiver, the arrested person must be informed of the name of the tribe that issued the arrest warrant, the right to

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1. A peace officer may arrest a person subject to a tribal arrest warrant if presented with
the warrant and may arrest a person without a tribal arrest warrant upon probable
cause to believe that the person is the subject of such a warrant. An arrest is
authorized under this subsection only if the arrest warrant is issued for commission of
a crime punishable as a misdemeanor under the applicable tribal ordinance or
resolution.
2. The arrested person may waive the right to appear before a judge and consent to
transfer of custody to the applicable tribal authority by executing a written waiver in the
presence of a peace officer or correctional officer. Before executing a written waiver,
the arrested person must be informed of the name of the tribe that issued the arrest
warrant, the right to assistance of counsel, and the right to appear before a district
judge before transfer of custody to the applicable tribal authority. If a waiver is
executed, the court shall issue an order transferring custody of the arrested person to
the applicable tribal authority or, with the consent of the applicable tribal authority,
authorize the voluntary return of the arrested person to the applicable tribal authority.
3. If the arrested person does not waive appearance before a judge under subsection 2,
the arrested person must be brought without unnecessary delay before the nearest
available district judge.
4. The district judge shall issue an order continuing custody upon presentation of the
tribal arrest warrant or, if the arrest is made without a warrant, upon testimony or
affidavit showing probable cause to believe the person is the subject of such a warrant.