North Dakota Code 29-06-05.2 – Federal law enforcement officer – Authority to make arrests
1. “Federal agent” means an employee of the federal bureau of investigation; the federal drug enforcement administration; the bureau of alcohol, tobacco, firearms and explosives; the homeland security investigations unit of the department of homeland security; the bureau of Indian affairs police; the United States marshals service; or the United States customs and border protection who is authorized to arrest, with or without a warrant, any individual for a violation of the United States Code and carry a firearm in the performance of the employee’s duties as a federal law enforcement officer.
Terms Used In North Dakota Code 29-06-05.2
- Arrest: Taking physical custody of a person by lawful authority.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. A federal agent has the same authority and immunity as a peace officer in this state when making an arrest for a nonfederal crime if any of the following exist:
a. The federal agent has reasonable grounds to believe that a felony offense was committed and the individual arrested committed the offense.
b. The federal agent is rendering assistance to a peace officer in an emergency or at the request of the peace officer.
c. The federal agent is working as a part of a task force composed of North Dakota peace officers and federal law enforcement officers.
3. Any agreement entered under this section relating to reciprocal jurisdiction between a public agency and a tribal government must be made pursuant to chapter 54-40.2.