629.30 ARRESTS; BY WHOM MADE; AIDING OFFICER. Subdivision 1. Definition. Arrest means taking a person into custody that the person may be held to answer for a public offense. “Arrest” includes actually restraining a person or taking into custody a person who submits. Subd. 2. Who may arrest. An arrest may be made: (1) by […]
629.31 TIME WHEN ARREST MAY BE MADE. An arrest for a felony or gross misdemeanor may be made on any day and at any time of the day or night. An arrest for a misdemeanor may not be made on Sunday or between 10:00 p.m. and 8:00 a.m. on any other day except: (1) when […]
629.32 MINIMUM RESTRAINT ALLOWED FOR ARREST; WARRANT SHOWN UPON REQUEST. A peace officer making an arrest may not subject the person arrested to any more restraint than is necessary for the arrest and detention. The peace officer shall inform the defendant that the officer is acting under a warrant, and shall show the defendant the […]
629.33 WHEN FORCE MAY BE USED TO MAKE ARREST. If a peace officer has informed a defendant that the officer intends to arrest the defendant, and if the defendant then flees or forcibly resists arrest, the officer may use all necessary and lawful means to make the arrest but may not use deadly force unless […]
629.34 WHEN ARREST MAY BE MADE WITHOUT WARRANT. Subdivision 1. Peace officers. (a) A peace officer, as defined in section 626.84, subdivision 1, paragraph (c), who is on or off duty within the jurisdiction of the appointing authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 629.40, may arrest a […]
629.341 ALLOWING PROBABLE CAUSE ARRESTS FOR DOMESTIC VIOLENCE; IMMUNITY FROM LIABILITY. Subdivision 1. Arrest. Notwithstanding section 629.34 or any other law or rule, a peace officer may arrest a person anywhere without a warrant, including at the person’s residence, if the peace officer has probable cause to believe that within the preceding 72 hours, exclusive […]
629.342 LAW ENFORCEMENT POLICIES; DOMESTIC ABUSE ARRESTS. Subdivision 1. Definition. For purposes of this section, “domestic abuse” has the meaning given in section 518B.01, subdivision 2. Subd. 2. Policies required. (a) Each law enforcement agency shall develop, adopt, and implement a written policy regarding arrest procedures for domestic abuse incidents. In the development of a […]
629.343 PROBABLE CAUSE ARRESTS; OFFENSES ON SCHOOL PROPERTY. Notwithstanding section 629.34, a peace officer, as defined in section 626.84, subdivision 1, paragraph (c), who is on or off duty within the jurisdiction of the appointing authority or on duty outside the jurisdiction of the appointing authority pursuant to section 629.40, may arrest a person without […]
629.344 CRIMINAL VEHICULAR OPERATION AND MANSLAUGHTER; CERTIFICATION OF PROBABLE CAUSE BY PEACE OFFICER. If a peace officer determines that probable cause exists to believe that a person has violated section 609.2112, subdivision 1, paragraph (a), clause (2), (3), (4), (5), or (6); 609.2113, subdivision 1, clause (2), (3), (4), (5), or (6); subdivision 2, clause […]
629.35 ARREST AT NIGHT; WHEN PERMISSIBLE. A peace officer may arrest a person at night without a warrant if the officer has reasonable cause to believe that person has committed a felony. An arrest under this section is lawful even if it appears after the arrest that no felony has been committed. When arresting a […]
629.355 PEACE OFFICER AUTHORITY TO DETAIN PERSON ON CONDITIONAL RELEASE. (a) A peace officer may detain a person on conditional release upon probable cause that the person has violated a condition of release. “Conditional release” has the meaning given in section 401.01, subdivision 2. (b) Except as provided in paragraph (c), no person may be […]
629.36 PERMITTING BYSTANDER TO DELIVER ARRESTED PERSON TO PEACE OFFICER. When a bystander arrests a person for breach of the peace, the bystander may deliver that person to a peace officer. The peace officer shall take the arrested person to a judge for criminal processing. When a public offense is committed in the presence of […]
629.361 PEACE OFFICERS RESPONSIBLE FOR CUSTODY OF STOLEN PROPERTY. A peace officer arresting a person charged with committing or aiding in the committing of a robbery, aggravated robbery, or theft shall use reasonable diligence to secure the property alleged to have been stolen. After seizure of the property, the officer shall be answerable for it […]
629.362 RECAPTURED ESCAPED INMATE; TERM OF IMPRISONMENT. A prisoner in custody under sentence of imprisonment who escapes from custody may be recaptured and imprisoned for a term equal to the unexpired portion of the original term. History: (10006) RL s 4821; 1985 c 265 art 10 s 1
629.363 RAILWAY CONDUCTOR; AUTHORITY TO ARREST. A conductor of a railway train may arrest a person committing an act upon the train prohibited by sections 609.681, 609.72, and 609.855, subdivision 1, with or without a warrant, and take that person to the proper law enforcement authorities, or to the station agent at the next railway […]
629.364 ARRESTS FOR SWINDLING. (a) The following persons shall arrest, with or without a warrant, a person found committing an offense described in section 609.52, subdivision 2, paragraph (a), clause (4): (1) a conductor or other employee on a railway car or train; (2) a captain, clerk, or other employee on a boat; (3) a […]
629.365 DEFINITIONS. Subdivision 1. Applicability. In this section and section 629.366, the terms defined in this section have the meanings given them. Subd. 2. Merchant. “Merchant” means a person who owns, possesses, or controls personal property with authority to sell it in the regular course of business at retail or wholesale. Subd. 3. Person. “Person” […]
629.366 THEFT IN BUSINESS ESTABLISHMENTS; DETAINING SUSPECTS. Subdivision 1. Circumstances justifying detention. (a) A merchant or merchant’s employee may detain a person if the merchant or employee has reasonable cause to believe: (1) that the person has taken, or is taking, an article of value without paying for it, from the possession of the merchant […]
629.37 WHEN PRIVATE PERSON MAY MAKE ARREST. A private person may arrest another: (1) for a public offense committed or attempted in the arresting person’s presence; (2) when the person arrested has committed a felony, although not in the arresting person’s presence; or (3) when a felony has in fact been committed, and the arresting […]
629.38 PRIVATE PERSON TO DISCLOSE CAUSE OF ARREST. Before making an arrest a private person shall inform the person to be arrested of the cause of the arrest and require the person to submit. The warning required by this section need not be given if the person is arrested while committing the offense or when […]
