Key: (1) language to be deleted (2) new language
CHAPTER 16-H.F.No. 556
An act relating to peace officers; authorizing federal
law enforcement officers to exercise their arrest
authority in this state under certain circumstances;
amending Minnesota Statutes 2000, section 626.77.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 626.77, is
amended to read:
626.77 [PEACE OFFICERS FROM ADJOINING STATES; FEDERAL LAW
ENFORCEMENT OFFICERS.]
Subdivision 1. [ARREST AUTHORITY.] A peace officer of a
state adjoining Minnesota has and a federal law enforcement
officer have the same authority to arrest and hold an individual
in custody as has any peace officer of this state if all of the
following circumstances are present:
(1) the officer enters this state while is on duty and
authorized by is acting on a request for assistance by a peace
officer of this state;
(2) while in this state, the officer acts under the
direction of the peace officer to whom the officer is rendering
assistance;
(3) while in this state, the officer acts in accordance
with the rules and regulations of the officer's own appointive
or elective authority; and
(4) upon effecting an arrest, the officer surrenders
custody of the arrested individual to a peace officer of this
state without unnecessary delay.
Subd. 2. [TORT LIABILITY; INDEMNIFICATION.] A peace
officer from an adjoining state or a federal law enforcement
officer who responds to a request for assistance and who acts in
accordance with subdivision 1 is serving in the regular line of
duty as fully as though the service was within the officer's
jurisdiction. For the purposes of section 3.736 and chapter
466, the officer is deemed to be an employee of the elective or
appointive agency of the peace officer requesting assistance.
Subd. 3. [DEFINITION.] As used in this section, "federal
law enforcement officer" means an officer or employee whether
employed inside or outside the state of the Federal Bureau of
Investigation, the Drug Enforcement Administration, the United
States Marshal Service, the Secret Service, the Bureau of
Alcohol, Tobacco, and Firearms, or the Immigration and
Naturalization Service, who is responsible for the prevention or
detection of crimes or for the enforcement of the United States
Code and who is authorized to arrest, with or without a warrant,
any individual for a violation of the United States Code.
Presented to the governor April 5, 2001
Signed by the governor April 9, 2001, 10:23 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes