A private person making an arrest must inform the person to be arrested of the intention to arrest the person, and of the cause of the arrest, unless:

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Terms Used In North Dakota Code 29-06-21

  • Arrest: Taking physical custody of a person by lawful authority.
  • 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
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

1.    The person to be arrested then is engaged in the commission of an offense; 2.    Such person is pursued immediately after its commission or after an escape; 3.    Such person flees or forcibly resists before the person making the arrest has opportunity to inform the person; or

4.    The giving of such information will imperil the arrest.