2013 North Dakota Century Code Title 29 Judicial Procedure, Criminal Chapter 29-06 Arrest
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CHAPTER 29-06
ARREST
29-06-01. Arrest defined.
An arrest is the taking of a person into custody in the manner authorized by law to answer
for the commission of an offense.
29-06-02. Who may make an arrest.
An arrest may be made:
1. By a peace officer, under a warrant;
2. By a peace officer, without a warrant; or
3. By a private person.
29-06-03. Officer may summon aid to make arrest.
Any officer making an arrest may summon as many persons orally as the officer deems
necessary to aid the officer therein.
29-06-04. Persons must aid in making arrest.
Every person, when required, shall aid an officer in the making of an arrest.
29-06-05. Foreign peace officer in fresh pursuit may arrest in state.
Any member of a duly organized state, county, or municipal law enforcement unit of another
state of the United States who enters this state in fresh pursuit, and continues within this state in
such fresh pursuit of a person in order to arrest the person on the ground that the person is
believed to have committed a felony, misdemeanor, or traffic violation in such other state, shall
have the same authority to arrest and hold such person in custody as has any member of any
duly organized state, county, or municipal law enforcement unit of this state to arrest and hold in
custody a person on the ground that the person is believed to have committed a felony,
misdemeanor, or traffic violation in this state.
29-06-05.1. Foreign officer providing transportation for law enforcement purposes.
Any member of a duly organized state, county, or municipal law enforcement unit of another
state of the United States who enters this state to perform an assigned duty of transporting
persons in legal custody for law enforcement purposes has the same authority to transport
persons in legal custody as any member of any duly organized state, county, or municipal law
enforcement unit of this state if a reciprocal right to transport persons in legal custody is
extended to North Dakota peace officers in the peace officer's state or local jurisdiction.
29-06-05.2. Federal law enforcement officer - Authority to make arrests.
1. "Federal agent" means an employee of the federal bureau of investigation or the
federal drug enforcement administration who is authorized to arrest, with or without a
warrant, any individual for a violation of the United States Code and carry a firearm in
the performance of the employee's duties as a federal law enforcement officer.
2. A federal agent has the same authority and immunity as a peace officer in this state
when making an arrest for a nonfederal crime if any of the following exist:
a. The federal agent has reasonable grounds to believe that a felony offense was
committed and the individual arrested committed the offense.
b. The federal agent is rendering assistance to a peace officer in an emergency or
at the request of the peace officer.
c. The federal agent is working as a part of a task force composed of North Dakota
peace officers and federal law enforcement officers.
29-06-06. Hearing before local magistrate and order thereon.
1. If an arrest is made in this state by an officer of another state in accordance with the
provisions of section 29-06-05, the officer, without unnecessary delay, shall take the
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2.
person arrested before a magistrate of the county in which the arrest was made, who
shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If
the magistrate determines that the arrest was lawful, the magistrate shall commit the
person arrested to await for a reasonable time the issuance of an extradition warrant
by the governor of this state, or shall admit the person to bail for such purpose. If the
magistrate determines that the arrest was unlawful, the magistrate shall discharge the
person arrested.
Notwithstanding the provisions of chapter 29-30.3 and subsection 1, a person arrested
for a misdemeanor or traffic violation pursuant to section 29-06-05 may voluntarily
return to the foreign state without a hearing before a magistrate.
29-06-07. Definition of fresh pursuit.
As used in section 29-06-05, the term "fresh pursuit" shall include fresh pursuit as defined
by the common law, and also the pursuit of a person who has committed or who is reasonably
suspected of having committed a felony, misdemeanor, or traffic violation. It also shall include
the pursuit of a person suspected of having committed a supposed felony, misdemeanor, or
traffic violation, though no felony, misdemeanor, or traffic violation has been actually committed,
if there is reasonable ground for believing that a felony, misdemeanor, or traffic violation has
been committed. Fresh pursuit, as the term is used in this chapter, shall not necessarily imply
instant pursuit, but pursuit without unreasonable delay.
29-06-08. When arrest made for felony, misdemeanor, or infraction.
An arrest for a felony, misdemeanor, or infraction may be made on any day and at any time
of the day or night.
29-06-09. How arrest made.
An arrest is made by an actual restraint of the person of the defendant or by the defendant's
submission to the custody of the person making the arrest.
29-06-10. Restraint in an arrest is limited.
A person who is arrested may not be subjected to unnecessary or unreasonable force, nor
to any greater restraint than is necessary for the person's detention.
29-06-11. Warrant must be shown.
If the person making an arrest is acting under the authority of a warrant, the person shall
inform the defendant to that effect and shall show the warrant, if required.
29-06-12. Officer must obey warrant in making arrest.
An officer making an arrest in obedience to a warrant shall proceed with the person arrested
as commanded in the warrant, or as otherwise provided by law.
29-06-13. When defendant resists, force necessary may be used to make arrest.
If, after notice of intention to arrest the defendant, the defendant either flees or forcibly
resists, the officer may use all necessary means to effect the arrest.
29-06-13.1. Resisting peace officer.
Repealed by S.L. 1975, ch. 106, § 673.
29-06-14. Officer may break door.
An officer may break open any door or window of a dwelling house to execute a warrant of
arrest, or to make such arrest for a felony without a warrant, as is provided in section 29-06-15,
if, after notice of the officer's authority and purpose, the officer is refused admittance.
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29-06-15. Arrest without warrant - Peace officer - Officer in the United States customs
service or the immigration and naturalization service.
1. 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. An officer of the United States customs service or the immigration and naturalization
service, 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.
c. The officer has received training in the laws of this state equivalent to the training
provided for a police officer under chapter 12-62.
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.
29-06-15.1. Arrest of nonresident traffic violator.
A police officer at the scene of a traffic accident may arrest without a warrant any driver of a
vehicle who is a nonresident of this state and who is involved in the accident when based upon
personal investigation, the officer has reasonable and probable grounds to believe that the
person has committed any offense under the provisions of title 39 in connection with the
accident, and if the officer has reasonable and probable grounds to believe the person will
disregard a written promise to appear in court.
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Whenever any person is arrested under the provisions of this section, the person must be
taken without unnecessary delay before the proper magistrate.
29-06-16. Arrest at night - Reasonable cause.
Repealed by S.L. 1971, ch. 314, § 2.
29-06-17. Officer shall state authority when arresting without warrant.
When making an arrest without a warrant, the officer shall inform the person to be arrested
of the officer's authority and the cause of the arrest, unless:
1. The person to be arrested then is engaged in the commission of an offense;
2. Such person is pursued immediately after the commission of an offense or after an
escape;
3. Such person flees or forcibly resists before the officer has opportunity so to inform the
person; or
4. The giving of such information will imperil the arrest.
29-06-18. Arrest by bystander.
An officer may take before a magistrate a person who, while engaged in a breach of the
peace, is arrested by a bystander and delivered to the officer.
29-06-19. Offense committed in presence of magistrate.
When a public offense is committed in the presence of a magistrate, the magistrate, by a
verbal or written order, may command any person immediately to arrest the offender, and
thereupon may proceed as if the offender had been brought before the magistrate on a warrant
of arrest.
29-06-20. When private person may 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.
3. When a felony has been in fact committed, and the arresting person has reasonable
grounds to believe the person arrested to have committed it.
29-06-21. Must inform person of cause of arrest.
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:
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.
29-06-22. When a private person may break into a building.
A private person, in order to make an arrest when a felony was committed in the arresting
person's presence, as authorized in section 29-06-20, if the person is refused admittance after
the person has announced the person's purpose, may break open a door or window of any
building in which the person to be arrested is, or is reasonably believed to be.
29-06-23. Arrested by private person - Duty - Taken before magistrate.
A private person who has arrested another for the commission of a public offense, without
unnecessary delay, shall take the person before a magistrate or deliver the person to a peace
officer.
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29-06-24. Offensive weapons taken - Delivery to magistrate.
Any person making a lawful arrest shall take from the person arrested all offensive weapons
which the person arrested may have and shall deliver them to the magistrate before whom the
person arrested is taken.
29-06-25. Procedure against person arrested without warrant.
When an arrest is made by a peace officer or a private person without a warrant, the person
arrested without unnecessary delay must be taken:
1. Before the nearest or most accessible magistrate in the county where the arrest is
made; or
2. If there is no magistrate in said county qualified to act, then before the nearest or most
accessible magistrate authorized to act for the county where the arrest is made.
A complaint stating the charge against the person arrested must be made before such
magistrate, as is provided in rule 5 of the North Dakota Rules of Criminal Procedure.
29-06-26. Who may break door to liberate self.
Any person who has lawfully entered a house for the purpose of making an arrest, or who
while therein makes an arrest, may break open the door or window thereof, if detained therein,
when necessary to exit the house, and an officer may do the same when necessary for the
purpose of liberating a person who, acting in the officer's aid, lawfully enters for the purpose of
making an arrest and is detained therein.
29-06-27. Shoplifting - Arresting person exempt from liability.
Repealed by S.L. 1975, ch. 454, § 6.
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