29-06 Arrest
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<![CDATA[CHAPTER 29-06ARREST29-06-01. Arrest defined. An arrest is the taking of a person into custody in the mannerauthorized by law to answer for the commission of an offense.29-06-02. Who may make an arrest. An arrest may be made:1.By a peace officer, under a warrant;2.By a peace officer, without a warrant; or3.By a private person.29-06-03. Officer may summon aid to make arrest. Any officer making an arrest maysummon as many persons orally as the officer deems necessary to aid the officer therein.29-06-04. Persons must aid in making arrest. Every person, when required, shall aidan officer in the making of an arrest.29-06-05. Foreign peace officer in fresh pursuit may arrest in state. Any member ofa duly organized state, county, or municipal law enforcement unit of another state of the United<br>States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit<br>of a person in order to arrest the person on the ground that the person is believed to have<br>committed a felony, misdemeanor, or traffic violation in such other state, shall have the same<br>authority to arrest and hold such person in custody as has any member of any duly organized<br>state, county, or municipal law enforcement unit of this state to arrest and hold in custody a<br>person on the ground that the person is believed to have committed a felony, misdemeanor, or<br>traffic violation in this state.29-06-05.1. Foreign officer providing transportation for law enforcement purposes.Any member of a duly organized state, county, or municipal law enforcement unit of another<br>state of the United States who enters this state to perform an assigned duty of transporting<br>persons in legal custody for law enforcement purposes has the same authority to transport<br>persons in legal custody as any member of any duly organized state, county, or municipal law<br>enforcement unit of this state if a reciprocal right to transport persons in legal custody is extended<br>to North Dakota peace officers in the peace officer's state or local jurisdiction.29-06-05.2. Federal law enforcement officer - Authority to make arrests.1."Federal agent" means an employee of the federal bureau of investigation or the<br>federal drug enforcement administration who is authorized to arrest, with or without a<br>warrant, any individual for a violation of the United States Code and carry a firearm<br>in the performance of the employee's duties as a federal law enforcement officer.2.A federal agent has the same authority and immunity as a peace officer in this state<br>when making an arrest for a nonfederal crime if any of the following exist:a.The federal agent has reasonable grounds to believe that a felony offense was<br>committed and the individual arrested committed the offense.b.The federal agent is rendering assistance to a peace officer in an emergency or<br>at the request of the peace officer.c.The federal agent is working as a part of a task force composed of North<br>Dakota peace officers and federal law enforcement officers.29-06-06. Hearing before local magistrate and order thereon.Page No. 11.If an arrest is made in this state by an officer of another state in accordance with the<br>provisions of section 29-06-05, the officer, without unnecessary delay, shall take the<br>person arrested before a magistrate of the county in which the arrest was made,<br>who shall conduct a hearing for the purpose of determining the lawfulness of the<br>arrest. If the magistrate determines that the arrest was lawful, the magistrate shall<br>commit the person arrested to await for a reasonable time the issuance of an<br>extradition warrant by the governor of this state, or shall admit the person to bail for<br>such purpose.If the magistrate determines that the arrest was unlawful, themagistrate shall discharge the person arrested.2.Notwithstanding the provisions of chapter 29-30.3 and subsection 1, a person<br>arrested for a misdemeanor or traffic violation pursuant to section 29-06-05 may<br>voluntarily return to the foreign state without a hearing before a magistrate.29-06-07. Definition of fresh pursuit. As used in section 29-06-05, the term "freshpursuit" shall include fresh pursuit as defined by the common law, and also the pursuit of a<br>person who has committed or who is reasonably suspected of having committed a felony,<br>misdemeanor, or traffic violation. It also shall include the pursuit of a person suspected of having<br>committed a supposed felony, misdemeanor, or traffic violation, though no felony, misdemeanor,<br>or traffic violation has been actually committed, if there is reasonable ground for believing that a<br>felony, misdemeanor, or traffic violation has been committed. Fresh pursuit, as the term is used<br>in this chapter, shall not necessarily imply instant pursuit, but pursuit without unreasonable delay.29-06-08. When arrest made for felony, misdemeanor, or infraction. An arrest for afelony, misdemeanor, or infraction may be made on any day and at any time of the day or night.29-06-09. How arrest made. An arrest is made by an actual restraint of the person ofthe defendant or by the defendant's submission to the custody of the person making the arrest.29-06-10. Restraint in an arrest is limited. A person who is arrested may not besubjected to unnecessary or unreasonable force, nor to any greater restraint than is necessary<br>for the person's detention.29-06-11. Warrant must be shown. If the person making an arrest is acting under theauthority of a warrant, the person shall inform the defendant to that effect and shall show the<br>warrant, if required.29-06-12. Officer must obey warrant in making arrest. An officer making an arrest inobedience to a warrant shall proceed with the person arrested as commanded in the warrant, or<br>as otherwise provided by law.29-06-13. When defendant resists, force necessary may be used to make arrest. If,after notice of intention to arrest the defendant, the defendant either flees or forcibly resists, the<br>officer may use all necessary means to effect the arrest.29-06-13.1. Resisting peace officer. Repealed by S.L. 1975, ch. 106, </p>
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