Section 15 - Warrantless arrests by a law enforcement officer1. Except as otherwise specifically provided, a law enforcement officer may arrest without a warrant:A. Any person who the officer has probable cause to believe has committed or is committing: (2) Any Class A, Class B or Class C crime;(3) Assault while hunting;(4) Any offense defined in chapter 45;(5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested;(5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19-A, section 4102, subsection 6 or dating partners as defined in Title 19-A, section 4102, subsection 4;(5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct;(6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested;(7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested;(8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested;(9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer;(10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092;(11) Theft involving a detention under Title 17, section 3521;(12) Harassment, as set forth in section 506-A;(13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, former section 4011, subsection 3; Title 19-A, former section 4012, subsection 5; Title 19-A, section 4113, subsection 3; and Title 19-A, section 4114, subsection 5;(14) A violation of a sex offender registration provision under Title 34-A, chapter 15;(15) A violation of a requirement of administrative release when requested by the attorney for the State;(16) A violation of a condition of supervised release for sex offenders when requested by a probation officer;(17) A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State;(18) A violation of a condition of release as provided in Title 15, section 3203-A, subsection 9;(19) A violation of a condition of supervised community confinement granted pursuant to Title 34-A, section 3036-A when requested by a probation officer;(20) A violation of a condition of placement on community reintegration status granted pursuant to Title 34-A, section 3810 and former section 4112 when requested by a juvenile community corrections officer;(21) A violation of a condition of furlough or other rehabilitative program authorized under Title 34-A, section 3035 when requested by a probation officer or juvenile community corrections officer;(22) A violation of preconviction or post-conviction bail pursuant to Title 15, section 1095, subsection 2 or section 1098, subsection 2 upon request of the attorney for the State;(23) Failure to appear in violation of Title 15, section 1091, subsection 1, paragraph A;(24) A Class D or Class E crime committed while released on preconviction or post-conviction bail; or(25) A violation of a condition of release from a community confinement monitoring program pursuant to Title 30-A, section 1659-A; and [2023, c. 465, §1(AMD).]B. Any person who has committed or is committing in the officer's presence any Class D or Class E crime. [1995, c. 680, §3(RPR).] [2023, c. 465, §1(AMD).]
2. For the purposes of subsection 1, paragraph B, criminal conduct has been committed or is being committed in the presence of a law enforcement officer when one or more of the officer's senses afford that officer personal knowledge of facts that are sufficient to warrant a prudent and cautious law enforcement officer's belief that a Class D or Class E crime is being or has just been committed and that the person arrested has committed or is committing that Class D or Class E crime. An arrest made pursuant to subsection 1, paragraph B must be made at the time of the commission of the criminal conduct, or some part thereof, or within a reasonable time thereafter or upon fresh pursuit. [1995, c. 680, §3(RPR).]
Amended by 2023SP1, c. 465,§ 1, eff. 10/25/2023.Amended by 2022, c. 647,§ B-16, eff. 1/1/2023.Amended by 2022, c. 647,§ B-15, eff. 1/1/2023.Amended by 2017, c. 148,§ 3, eff. 6/8/2017.Amended by 2012, c. 691,§ A-12, eff. 5/22/2012.Amended by 2011, c. 464,§ 4, eff. 9/28/2011.Amended by 2011, c. 341,§ 6, eff. 9/28/2011.1975, c. 740, § 22 (NEW) . 1977, c. 326, (AMD) . 1977, c. 510, § 24 (AMD) . 1977, c. 671, § 19 (AMD) . 1977, c. 696, § 169 (AMD) . 1979, c. 578, §§1,7 (AMD) . 1979, c. 677, §§2,18 (AMD) . 1983, c. 450, § 1 (AMD) . 1983, c. 735, § 1 (AMD) . 1983, c. 795, § 5 (AMD) . 1983, c. 862, § 47 (AMD) . 1985, c. 737, §A40 (AMD) . 1987, c. 758, § 22 (AMD) . 1987, c. 870, § 11 (AMD) . 1989, c. 122, § 2 (AMD) . RR 1991, c. 2, § 50 (COR) . 1991, c. 566, § 1 (AMD) . 1993, c. 475, § 3 (AMD) . 1995, c. 224, § 1 (AMD) . 1995, c. 356, § 20 (AMD) . 1995, c. 668, § 2 (AMD) . 1995, c. 680, § 3 (RPR) . 1997, c. 393, §A17 (AMD) . 1997, c. 464, § 3 (AMD) . 1999, c. 127, §A33 (AMD) . 1999, c. 644, § 1 (AMD) . 2001, c. 389, § 1 (AMD) . 2001, c. 439, §OOO1 (AMD) . 2001, c. 667, §A34 (AMD) . 2003, c. 102, § 1 (AMD) . 2007, c. 475, § 8 (AMD) . 2007, c. 518, § 4 (AMD) . 2009, c. 142, § 3 (AMD) .