N.D. Cent. Code § 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)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.