2022 Minnesota Statutes

518F.03 ENFORCEMENT OF CANADIAN ORDERS FOR PROTECTION BY PEACE OFFICER.

(a) If a peace officer determines under paragraph (b) or (c) that there is probable cause to believe that a valid Canadian order for protection exists and that the order has been violated, the officer shall enforce the terms of the Canadian order for protection as if the terms were in an order issued by a court in this state. Presentation to a peace officer of a certified copy of a Canadian order for protection is not required for enforcement. A peace officer who has probable cause to believe that an order exists and has been violated shall make an arrest for a violation of the order in the same manner that a peace officer would make an arrest for a violation of a protective order issued within this state.

(b) Presentation to a peace officer of a record of a Canadian order for protection that identifies both a protected individual and a respondent and on its face is in effect constitutes probable cause to believe that a valid order exists.

(c) If a record of a Canadian order for protection is not presented as provided in paragraph (b), a peace officer may consider other information in determining whether there is probable cause to believe that a valid Canadian order for protection exists.

(d) If a peace officer determines that an otherwise valid Canadian order for protection cannot be enforced because the respondent has not been notified of or served with the order, the officer shall notify the protected individual that the officer will make reasonable efforts to contact the respondent, consistent with the safety of the protected individual. After notice to the protected individual and consistent with the safety of the individual, the officer shall make a reasonable effort to inform the respondent of the order, notify the respondent of the terms of the order, provide a record of the order, if available, to the respondent, and allow the respondent a reasonable opportunity to comply with the order before the officer enforces the order. The provisions of section 518B.01, subdivisions 8 and 9a, apply to service of a Canadian order for protection by a peace officer.

(e) If a peace officer determines that an individual is a protected individual, the officer shall inform the individual of available local victim services.

History:

2021 c 6 art 1 s 3