Current through 2024 Legislative Session
Section 29-06-15 - Arrest without warrant - Peace officer - Federal agent1. A law enforcement officer, without a warrant, may arrest a person: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.Amended by S.L. 2019 , ch. 269( HB 1234 ), § 2, eff. 8/1/2019.Amended by S.L. 2015 , ch. 237( HB 1467 ), § 2, eff. 8/1/2015.Amended by S.L. 2013 , ch. 301( HB 1302 ), § 3, eff. 7/1/2013.Amended by S.L. 2011 , ch. 238( SB 2285 ), § 1, eff. 4/26/2011.