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Minnesota Legislature

Office of the Revisor of Statutes

629.34 WHEN ARREST MAY BE MADE WITHOUT A WARRANT.
    Subdivision 1. Peace officers. (a) A peace officer, as defined in section 626.84, subdivision
1
, clause (c), 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 (d), 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 arrest a person without a warrant as
provided under paragraph (c).
(c) A peace officer 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) when a public offense has been committed or attempted in the officer's presence;
(2) when the person arrested has committed a felony, although not in the officer's presence;
(3) when a felony has in fact been committed, and the officer has reasonable cause for
believing the person arrested to have committed it;
(4) upon a charge based upon reasonable cause of the commission of a felony by the person
arrested;
(5) under the circumstances described in clause (2), (3), or (4), when the offense is a gross
misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821; or
(6) under circumstances described in clause (2), (3), or (4), when the offense is a nonfelony
violation of a restraining order or no contact order previously issued by a court.
(d) To make an arrest authorized under this subdivision, the officer may break open an outer
or inner door or window of a dwelling house if, after notice of office and purpose, the officer is
refused admittance.
    Subd. 2. United States Customs and Border Protection, United States Citizenship and
Immigration Services officer. An officer in the United States Customs and Border Protection or
the United States Citizenship and Immigration Services may arrest a person without a warrant
under the circumstances specified in clauses (a) and (b):
(a) when the officer is on duty within the scope of assignment and one or more of the
following situations exist:
(1) the person commits an assault in the fifth degree, as defined in section 609.224, against
the officer;
(2) the person commits an assault in the fifth degree, as defined in section 609.224, on any
other person in the presence of the officer, or commits any felony;
(3) the officer has reasonable cause to believe that a felony has been committed and
reasonable cause to believe that the person committed it; or
(4) the officer has received positive information by written, teletypic, telephonic, radio, or
other authoritative source that a peace officer holds a warrant for the person's arrest; or
(b) when the assistance of the officer has been requested by another Minnesota law
enforcement agency.
History: (10570) RL s 5229; 1981 c 108 s 2; 1983 c 169 s 3; 1985 c 84 s 4; 1985 c 265
art 10 s 1; art 12 s 1; 1987 c 329 s 18; 1993 c 326 art 2 s 28; 1998 c 367 art 7 s 11; 2005 c
10 art 2 s 4; 2007 c 13 art 1 s 25