North Dakota Code 29-06-15 – Arrest without warrant – Peace officer – Federal agent
1. A law enforcement officer, without a warrant, may arrest a person:
Terms Used In North Dakota Code 29-06-15
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- 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
- information: is a n accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court. See North Dakota Code 29-01-13
- magistrate: is a n officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense. See North Dakota Code 29-01-13
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- 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
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 while under the influence of alcoholic beverages.
g. For the offense of violating a protection order under section 14-07.1-06, an order prohibiting contact under section 12.1-31.2-02, or for an assault involving domestic violence under section 14-07.1-11.
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.
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.