Minn. Stat. » CHAPTER 629. EXTRADITION, DETAINERS, ARREST, BAIL
Minnesota Statutes

Minn. Stat. § 629.31 (2026)

Time When Arrest May Be Made

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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An arrest for a felony or gross misdemeanor may be made on any day and at any time of the day or night. An arrest for a misdemeanor may not be made on Sunday or between 10:00 p.m. and 8:00 a.m. on any other day except:

(1) when the judge orders in the warrant that the arrest may be made between those hours; or

(2) when the person named in the warrant is found on a public highway or street.

Notes of Decisions
Cited in 3 cases, 1958–2006 · leading case: Smith v. Hubbard, 91 N.W.2d 756 (Minn. 1958).
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Smith v. Hubbard, 91 N.W.2d 756 (Minn. 1958). · cites it 2× “We find no merit in defendant's contention that § 629.31 foreclosed his arrest without a warrant for a misdemeanor committed on Sunday.”
United States v. May, 440 F. Supp. 2d 1016 (D. Minn. 2006). · cites it 2× “24, Subdivision 2 — in their presence, see Minnesota Statutes Section 629.31(a), and (c)(1). Furthermore, during May’s detention pursuant to the execution of the Search Warrant, contraband was found on his person, which included a marijuana pipe with residue.”
State v. Paulick, 151 N.W.2d 591 (Minn. 1967). “§ 629.31. It occurs to us that in initiating and prosecuting charges which are misdemeanors the grave consequences to the accused resulting from a wrongful arrest far outweigh the potential harm to the community in requiring something more than the peremptory issuance of a…”
Minn. Stat. § 629.31(a): 1 case
United States v. May, 440 F. Supp. 2d 1016 (D. Minn. 2006). “24, Subdivision 2 — in their presence, see Minnesota Statutes Section 629.31(a), and (c)(1). Furthermore, during May’s detention pursuant to the execution of the Search Warrant, contraband was found on his person, which included a marijuana pipe with residue.”
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