Minnesota Statutes

Minn. Stat. § 629.30 (2026)

Arrests; By Whom Made; Aiding Officer

✓ current as of May 2026
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Subdivision 1.Definition.

Arrest means taking a person into custody that the person may be held to answer for a public offense. "Arrest" includes actually restraining a person or taking into custody a person who submits.

Subd. 2.Who may arrest.

An arrest may be made:

(1) by a peace officer under a warrant;

(2) by a peace officer without a warrant;

(3) by an officer in the United States Customs and Border Protection or the United States Citizenship and Immigration Services without a warrant;

(4) by a private person.

A private person shall aid a peace officer in executing a warrant when requested to do so by the officer.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1955–2024 · leading case: State, Lake Minnetonka Conservation Dist. v. Horner, 605 N.W.2d 405 (Minn. Ct. App. 2000).
State, Lake Minnetonka Conservation Dist. v. Horner, 605 N.W.2d 405 (Minn. Ct. App. 2000). · cites it 18× “Minn.Stat. § 629.30, subd. 2 (1998), provides: An arrest may be made: (1) by a peace officer under a warrant; (2) by a peace officer without a warrant; (3) by an officer in the United States customs service or the immigration and naturalization service without a warrant; (4) by…”
State v. Schifsky, 69 N.W.2d 89 (Minn. 1955). · cites it 2× “Section 629.30 states the authority of the deputies to arrest *537 without a warrant.”
State v. Driscoll, 427 N.W.2d 263 (Minn. Ct. App. 1988). · cites it 2× “” See Minn.Stat. § 629.30, subd. 1 (1986) (“ ‘Arrest’ includes actually restraining a person or taking into custody a person who submits.”
State v. Hatcher, 322 N.W.2d 210 (Minn. 1982). · cites it 2× “Minn.Stat. § 629.30 (1974). ARREST WITHOUT WARRANT.”
State v. St. Clair, 560 N.W.2d 732 (Minn. Ct. App. 1997). · cites it 2× “Minn.Stat. § 629.30, subd. 2(1) (1996). The Treaty provisions imposing requirements beyond the state requirements conflict with state law insofar as they render invalid under the Treaty arrests otherwise valid under state law, such as arrests made pursuant to warrants.”
State v. McDonnell, 353 N.W.2d 678 (Minn. Ct. App. 1984). · cites it 2× “See Minn.Stat. § 629.30 (1982). The State’s contention appellant was arrested after she failed the preliminary screening test at the station is not supported by the record.”
State v. Duren, 123 N.W.2d 624 (Minn. 1963). “1 § 629.30 provides in part: “Arrest * * * may be made: “(1) By a peace officer under a warrant; “(2) By a peace officer without a warrant; “(3) By a private person.”
Op. Atty. Gen. 3a (Minn. Att'y Gen. 2023). · cites it 9× “Minn. Stat. §§ 629.30 ; .34 3-a February 6, 2025 John J.”
State v. Stoll, 402 N.W.2d 239 (Minn. Ct. App. 1987). · cites it 2× “” Minn.Stat. § 629.30, subd. 1 (Supp.1985).”
State of Minnesota v. Otis Redmond Ware (Minn. Ct. App. 2024). · cites it 2× “Minn. Stat. § 629.30 , subd. 2(2) (2020); State v.”
Fredin v. Miller (D. Minnesota 2020). · cites it 2× “” Minn. Stat. § 629.30 . None of the conduct alleged here involves Defendants either arresting or taking Plaintiff into custody.”
In the Matter of the Welfare of: A. A. S., Child (Minn. Ct. App. 2024). · cites it 2× “” Minn. Stat. § 629.30 , subd. 2 (2022). And “[a]n arrest by a peace officer acting under a warrant is lawful even though the officer does not have the warrant in hand at the time of the arrest.”
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