Minnesota Statutes

Minn. Stat. § 629.32 (2026)

Minimum Restraint Allowed For Arrest; Warrant Shown Upon Request

✓ current as of May 2026

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A peace officer making an arrest may not subject the person arrested to any more restraint than is necessary for the arrest and detention. The peace officer shall inform the defendant that the officer is acting under a warrant, and shall show the defendant the warrant if requested to do so. An 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, but if the arrested person so requests the warrant must be shown to that person as soon as possible and practicable. A peace officer may lawfully arrest a person when advised by any other peace officer in the state that a warrant has been issued for that person.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1961–2024 · leading case: State v. Thompson, 578 N.W.2d 734 (Minn. 1998).

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State v. Thompson, 578 N.W.2d 734 (Minn. 1998). · cites it 6× “We first address appellant’s claim that the search of the Lopez apartment and his subsequent arrest were unlawful because they were warrantless, citing Minn.Stat. § 629.32 (1996) 6 and the Fourth Amendment of the *740 United States Constitution.”

Johnson v. Morris, 453 N.W.2d 31 (Minn. 1990). · cites it 2× “However, Minn.Stat. § 629.32 (1988), does place some limitation on what is reasonable force by •providing that a peace officer “may not subject the person arrested to any more restraint than is necessary for the arrest and detention.”

Hyatt v. Anoka Police Dep't, 691 N.W.2d 824 (Minn. 2005). · cites it 2× “See Minn.Stat. § 629.32 (2004) (“A peace officer making an arrest may not subject the person arrested to any more restraint than is necessary for the arrest and detention.”

Paradise v. City of Minneapolis, 297 N.W.2d 152 (Minn. 1980). · cites it 2× “That statute states, in pertinent part, that: An arrest is made by the actual restraint of the person of the defendant or by his submission to the custody of the officer; but he shall not be subjected to any more restraint than shall be necessary for his arrest and detention *…”

State v. Olson, 634 N.W.2d 224 (Minn. Ct. App. 2001). · cites it 2× “” Williams, however, did not have the necessary “strong suspicion” to arrest appellant because Williams did not know whether appellant was the same man named in the warrants.”

State v. Ramsey Cnty. Dist. Court, 150 N.W.2d 18 (Minn. 1967). · cites it 7× “Section 629.32, which established the procedures under which this arrest was made, provides: “* * * An arrest may lawfully be made by a peace officer when advised by any other peace officer in the state that a warrant has been issued for that person.”

Smith v. City of Minneapolis (D. Minnesota 2021). · cites it 5× “) Thus, she claims that officers violated her liberty interests described in Minn. Stat. §§ 629.32 and 629.33, which are titled “Minimum Restraint Allowed for Arrest; Warrant Shown Upon Request” and “When Force May be Used to Make Arrest,” respectively.”

In the Matter of the Welfare of: A. A. S., Child (Minn. Ct. App. 2024). · cites it 2× “” Minn. Stat. § 629.32 (2022). Officers learned that appellant’s father had an active arrest warrant before responding to the reported address.”

State v. Barthold, 110 N.W.2d 493 (Minn. 1961). “According to respondent’s brief, relator contended before the municipal court that § 629.32 applied only to felonies or gross misdemeanors where the offense occurred in one jurisdiction and the person for whom the warrant was issued was in another jurisdiction.”

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