North Dakota Code 29-30.3-04 – (2-101) Arrest without warrant
1. A peace officer may arrest a person without an arrest warrant upon probable cause to believe that the person is the subject of another state‘s arrest warrant issued for:
Terms Used In North Dakota Code 29-30.3-04
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- 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
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of judicial proceedings. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. Commission of a crime punishable by death or imprisonment for a term exceeding one year; b. Escape from confinement; or
c. Violation of any term of bail, probation, parole, or an order arising out of a criminal proceeding.
2. The arrested person must be brought before the nearest available magistrate.
3. The magistrate shall issue an order to continue custody or other process to assure the appearance of the person, if testimony or affidavit shows probable cause to believe the person is the subject of another state’s arrest warrant issued for:
a. The commission of a crime punishable by death or imprisonment for a term exceeding one year; b. Escape from confinement; or
c. Violation of any term of bail, probation, parole, or an order arising out of a criminal proceeding.