North Dakota § 29-06-15 - Arrest without warrant - Peace officer - Federal agent

§ 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 in violation of section 39-08-01. g. For the offense of violating an order prohibiting contact under section 12.1-31.2-02 or a civil protection order under chapter 14-07.7. 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. i. For the offense of harassing a public safety agency or making a false report to a public safety agency under subsection 4 of section 12.1-17-07. 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) 3. 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. 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.