N.D. Cent. Code § 29-06-15

Current through 2023 Legislative Sessions
Section 29-06-15 - Arrest without warrant - Peace officer - Federal agent
1. A law enforcement officer, without a warrant, may arrest a person:
a. For a public offense, committed or attempted in the officer's presence and for the purpose of this subdivision, a crime must be deemed committed or attempted in the officer's presence when what the officer observes through the officer's senses reasonably indicates to the officer that a crime was in fact committed or attempted in the officer's presence by the person arrested.
b. When the person arrested has committed a felony, although not in the officer's presence.
c. When a felony in fact has been committed, and the officer has reasonable cause to believe the person arrested to have committed it.
d. On a charge, made upon reasonable cause, of the commission of a felony by the party arrested.
e. For the public offenses, not classified as felonies and not committed in the officer's presence as provided for under section 29-06-15.1.
f. On a charge, made upon reasonable cause, of driving or being in actual physical control of a vehicle while under the influence of alcoholic beverages.
g. For the offense of violating a protection order under section 14-07.1-06, an order prohibiting contact under section 12.1-31.2-02, or for an assault involving domestic violence under section 14-07.1-11.
h. On a charge, made upon reasonable cause, of being under the influence of volatile chemical vapors in violation of section 19-03.1-22.1.
2. A federal agent, without a warrant, may arrest a person if all of the following circumstances exist:
a. The officer is on duty.
b. One or more of the following situations exist:
(1) The person commits an assault or other crime, defined and punishable under chapter 12.1-17, against the officer or against any other person in the presence of the officer.
(2) The officer has reasonable cause to believe that a crime, as defined in paragraph 1, has been committed and reasonable cause to believe that the person to be arrested has committed it.
(3) The officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person to be arrested has committed it.
(4) The officer has received positive information from an authoritative source that a peace officer holds a warrant for the person's arrest.
3. If a law enforcement officer has reasonable cause to believe an individual has violated a lawful order of a court of this state which requires the individual to participate in the twenty-four seven sobriety program authorized in sections 54-12-27 through 54-12-31, the law enforcement officer may immediately take the individual into custody without a warrant. An individual taken into custody under this subsection may not be released on bail or on the individual's personal recognizance unless the individual has made a personal appearance before a magistrate.

N.D.C.C. § 29-06-15

Amended by S.L. 2019, ch. 269 (HB 1234),§ 2, eff. 8/1/2019.
Amended by S.L. 2015, ch. 237 (HB 1467),§ 2, eff. 8/1/2015.
Amended by S.L. 2013, ch. 301 (HB 1302),§ 3, eff. 7/1/2013.
Amended by S.L. 2011, ch. 238 (SB 2285),§ 1, eff. 4/26/2011.