SF 2650

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime; authorizing peace officers to 
  1.3             apprehend and detain a probationer for reasonable 
  1.4             cause that the probationer has violated the terms of 
  1.5             probation; amending Minnesota Statutes 1996, section 
  1.6             629.34, subdivision 1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 629.34, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [PEACE OFFICERS AND CONSTABLES.] (a) A 
  1.11  peace officer, as defined in section 626.84, subdivision 1, 
  1.12  clause (c), or a constable, as defined in section 367.40, 
  1.13  subdivision 3, who is on or off duty within the jurisdiction of 
  1.14  the appointing authority, or on duty outside the jurisdiction of 
  1.15  the appointing authority pursuant to section 629.40, may arrest 
  1.16  a person without a warrant as provided under paragraph (c). 
  1.17     (b) A part-time peace officer, as defined in section 
  1.18  626.84, subdivision 1, clause (f), who is on duty within the 
  1.19  jurisdiction of the appointing authority, or on duty outside the 
  1.20  jurisdiction of the appointing authority pursuant to section 
  1.21  629.40 may arrest a person without a warrant as provided under 
  1.22  paragraph (c).  
  1.23     (c) A peace officer, constable, or part-time peace officer 
  1.24  who is authorized under paragraph (a) or (b) to make an arrest 
  1.25  without a warrant may do so under the following circumstances: 
  1.26     (1) when a public offense has been committed or attempted 
  2.1   in the officer's or constable's presence; 
  2.2      (2) when the person arrested has committed a felony, 
  2.3   although not in the officer's or constable's presence; 
  2.4      (3) when a felony has in fact been committed, and the 
  2.5   officer or constable has reasonable cause for believing the 
  2.6   person arrested to have committed it; 
  2.7      (4) upon a charge based upon reasonable cause of the 
  2.8   commission of a felony by the person arrested; 
  2.9      (5) under the circumstances described in clause (2), (3), 
  2.10  or (4), when the offense is a gross misdemeanor violation of 
  2.11  section 609.52, 609.595, 609.631, 609.749, or 609.821; or 
  2.12     (6) under circumstances described in clause (2), (3), or 
  2.13  (4), when the offense is a violation of a restraining order or 
  2.14  no contact order previously issued by a court; or 
  2.15     (7) upon reasonable cause that a person on conditional 
  2.16  release has violated a term of the person's conditional release, 
  2.17  regardless of whether an apprehend and detain order has been 
  2.18  issued for the person under section 243.05, subdivision 1; 
  2.19  244.19, subdivision 4; or 401.02, subdivision 4.  "Conditional 
  2.20  release" has the meaning given in section 401.01, subdivision 2. 
  2.21     (d) To make an arrest authorized under this subdivision, 
  2.22  the officer or constable may break open an outer or inner door 
  2.23  or window of a dwelling house if, after notice of office and 
  2.24  purpose, the officer or constable is refused admittance. 
  2.25     Sec. 2.  [EFFECTIVE DATE.] 
  2.26     Section 1 is effective August 1, 1998, and applies to 
  2.27  offenses committed on or after that date.