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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1985 

                         CHAPTER 84-H.F.No. 266 
           An act relating to arrest; providing indemnification 
          for off-duty peace officers who make arrests outside 
          their jurisdiction; specifying the circumstances under 
          which peace officers, constables, and part-time peace 
          officers may make on- or off-duty arrests outside 
          their jurisdictions; amending Minnesota Statutes 1984, 
          sections 3.736, subdivision 1, and by adding a 
          subdivision; 97.50, subdivision 1; 629.34, subdivision 
          1; and 629.40. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 3.736, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL RULE.] The state will pay 
compensation for injury to or loss of property or personal 
injury or death caused by an act or omission of any employee of 
the state while acting within the scope of his office or 
employment or peace officer who is not acting on behalf of a 
private employer and who is acting in good faith pursuant to 
section 629.40, subdivision 3, under circumstances where the 
state, if a private person, would be liable to the claimant. 
    Sec. 2.  Minnesota Statutes 1984, section 3.736, is amended 
by adding a subdivision to read: 
    Subd. 9a.  [PEACE OFFICER INDEMNIFICATION.] The state of 
Minnesota shall defend, save harmless, and indemnify a peace 
officer who is not acting on behalf of a private employer and 
who is acting in good faith pursuant to section 629.40, 
subdivision 3, the same as if the officer were an employee of 
the state.  
    Sec. 3.  Minnesota Statutes 1984, section 97.50, 
subdivision 1, is amended to read: 
    Subdivision 1.  [POWERS.] The commissioner, director, game 
refuge patrolmen, and conservation officers are authorized to:  
    (1) execute and serve all warrants and processes issued by 
any court having jurisdiction under any law relating to wild 
animals, wild rice, use of water, conservation, protection or 
control of public waters, state-owned dams or other works 
affecting public waters or water pollution, in the same manner 
as a constable or sheriff;  
    (2) arrest, without a warrant, any person detected in the 
actual violation of any provisions of chapters 84, 97 to 102, 
105 and 106, 84A, 85, 86A, 88 to 106, 361, and sections 18.341 
to 18.436; 609.66, subdivision 1, clauses (1), (2), (5), and (7);
and section 609.68; and 
    (3) take the person before any court in the county in which 
the offense was committed and make proper complaint. 
    When a person who is arrested for any violation of the 
provisions of law listed in clause (2), which is punishable as a 
misdemeanor, is not taken into custody and immediately taken 
before a court, the arresting officer shall prepare, in 
quadruplicate, written notice to appear before a court.  The 
notice shall be in the form and has the effect of a summons and 
complaint.  It shall contain the name and address of the person 
arrested, the offense charged, and the time and the place he is 
to appear before the court.  This place must be before a court 
which has jurisdiction within the county in which the offense is 
alleged to have been committed. 
    In order to secure release, without being taken into 
custody and immediately taken before the court, the arrested 
person must give his written promise to appear before the court 
by signing, in quadruplicate, the written notice prepared by the 
arresting officer.  The officer shall retain the original of the 
notice and deliver the copy marked "SUMMONS" to the person 
arrested.  The officer shall then release the person from 
custody. 
    On or before the return day, the officer shall return the 
notice or summons to the court before whom it is returnable.  If 
the person summoned fails to appear on the return day, the court 
shall issue a warrant for his arrest.  Upon his or her arrest, 
proceedings shall be had as in other cases. 
    Sec. 4.  Minnesota Statutes 1984, section 629.34, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PEACE OFFICER OFFICERS AND 
CONSTABLES.] (a) A peace officer, as defined in section 626.84, 
subdivision 1, clause (c), or a constable, as defined in section 
367.40, subdivision 3, 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 a warrant as provided under 
paragraph (c). 
    (b) A part-time peace officer, as defined in section 
626.84, subdivision 1, clause (f), who is on duty within the 
jurisdiction of the appointing authority, or on duty outside the 
jurisdiction of the appointing authority pursuant to section 
629.40 may without warrant, arrest a person without a warrant as 
provided under paragraph (c).  
    (c) A peace officer, constable, or part-time peace officer 
who is authorized under paragraph (a) or (b) to make an arrest 
without a warrant may do so under the following circumstances: 
    (1) For When a public offense has been committed or 
attempted in his the officer's or constable's presence; 
    (2) When the person arrested has committed a felony, 
although not in his the officer's or constable's presence; 
    (3) When a felony has in fact been committed, and he the 
officer or constable has reasonable cause for believing the 
person arrested to have committed it; or 
    (4) Upon a charge made upon reasonable cause of the 
commission of a felony by the person arrested. 
    (d) To make such an arrest authorized under this 
subdivision, the officer or constable may break open an outer or 
inner door or window of a dwelling house if, after notice of his 
office and purpose, he shall be the officer or constable is 
refused admittance.  
    Sec. 5.  Minnesota Statutes 1984, section 629.40, is 
amended to read: 
    629.40 [ARRESTS, ANYWHERE IN STATE.] 
    Subdivision 1.  [FRESH PURSUIT ARREST.] In any case wherein 
any sheriff, deputy sheriff, police officer, marshal, constable, 
or peace officer a person licensed under section 626.84, 
subdivision 1, may by law, either with or without a warrant, 
arrest any person for or upon a charge of any criminal offense 
committed within his jurisdiction, and the person to be arrested 
escapes from or is out of the county, city or town, the officer 
may pursue and apprehend the person to be arrested anywhere in 
this state.  
    Subd. 2.  [DUTY OUTSIDE JURISDICTION.] When any sheriff, 
deputy sheriff, police officer, marshal, constable, or peace 
officer shall a person licensed under section 626.84, 
subdivision 1, in obedience to the order of a court, or proper 
police authority in the course and scope of employment, or in 
fresh pursuit as provided in subdivision 1, be is outside of his 
the person's jurisdiction he, the person is serving in his the 
regular line of duty as fully as though he the service was 
within his the person's jurisdiction.  
    Subd. 3.  [OFF-DUTY ARRESTS OUTSIDE JURISDICTION.] A peace 
officer, as defined in section 626.84, subdivision 1, clause 
(c), who is off duty and outside of the jurisdiction of the 
appointing authority but within this state may act pursuant to 
section 629.34 when and only when confronted with circumstances 
that would permit the use of deadly force under section 609.066. 
Nothing in this subdivision limits an officer's authority to 
arrest as a private person.  Nothing in this subdivision shall 
be construed to restrict the authority of a political 
subdivision to limit the exercise of the power and authority 
conferred on its peace officers by this subdivision. 
    Approved May 8, 1985