Criminal Procedure Provisions Arrest Issues

Warrantless arrest

A peace officer may arrest a person anywhere without a warrant, including at the person’s residence, if the peace officer has probable cause to believe that the person has committed domestic abuse within the preceding 12 hours. The arrest may be made even though the domestic abuse did not take place in the presence of the peace officer. Minn. Stat. § 629.341.

A peace officer must arrest without a warrant and take into custody a person whom the officer has probable cause to believe has violated an OFP restraining the person or excluding the person from the residence or the petitioner’s place of employment, even if the violation of the order did not take place in the presence of the peace officer, if the order’s existence can be verified by the officer. Minn. Stat. § 518B.01, subd. 14.

An officer who acts in good faith and exercises due care in making an arrest is immune from civil liability that might otherwise result from the officer’s action. Minn. Stat. §§ 518B.01, subd. 14, and 629.341.

Arrest and detention

An arresting officer may not issue a citation in lieu of arrest and detention to an individual charged with domestic abuse, harassment, violation of an OFP, or violation of a no-contact order. An individual who is arrested on any of these charges must be brought to the police station or county jail where a citation must be issued in lieu of continued detention by the officer in charge of the police station or the county sheriff in charge of the jail, unless it reasonably appears to the officer or sheriff that release of the person poses a threat to the alleged victim, another family or household member, or public safety; or there is a substantial likelihood the arrested person will fail to respond to a citation. If a citation is not issued to the arrested person, the arrested person must be brought before a judge without unnecessary delay. Minn. Stat. § 629.72.

A person who is arrested for violation of an OFP must be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. Minn. Stat. § 518B.01, subd. 14.

Police report required. An officer who investigates an allegation that domestic abuse has occurred must make a written police report of the alleged incident, whether or not an arrest is made. A copy of this report must be provided upon request, at no cost, to the victim, the victim’s attorney, or designated organizations that provide services to domestic abuse victims. Minn. Stat. § 629.341.

This and any related posts have been adopted from the Minnesota House of Representatives Research Department’s Information Brief, Domestic Abuse Laws in Minnesota – An Overview, written by legislative analyst Judith Zollar.

This post is also part of a series of posts on Domestic Abuse in Minnesota.

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