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Subdivision 1.Peace officers.
(a) A peace officer, as defined in section 626.84, subdivision 1, paragraph (c), who is on or off duty within the jurisdiction of the appointing authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 629.40, may arrest a person without a warrant as provided under paragraph (c).
(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d), who is on duty within the jurisdiction of the appointing authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person without a warrant as provided under paragraph (c).
(c) A peace officer or part-time peace officer who is authorized under paragraph (a) or (b) to make an arrest without a warrant may do so under the following circumstances:
(1) when a public offense has been committed or attempted in the officer's presence;
(2) when the person arrested has committed a felony, although not in the officer's presence;
(3) when a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested to have committed it;
(4) upon a charge based upon reasonable cause of the commission of a felony by the person arrested;
(5) under the circumstances described in clause (2), (3), or (4), when the offense is a gross misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821;
(6) under circumstances described in clause (2), (3), or (4), when the offense is a nonfelony violation of section 518B.01, subdivision 14; 609.748, subdivision 6; or 629.75, subdivision 2, or a nonfelony violation of any other restraining order or no contact order previously issued by a court;
(7) under the circumstances described in clause (2), (3), or (4), when the offense is a gross misdemeanor violation of section 609.485 and the person arrested is a juvenile committed to the custody of the commissioner of corrections; or
(8) if the peace officer has probable cause to believe that within the preceding 72 hours, exclusive of the day probable cause was established, the person has committed nonfelony domestic abuse, as defined in section 518B.01, subdivision 2, even though the assault did not take place in the presence of the peace officer.
(d) To make an arrest authorized under this subdivision, the officer may break open an outer or inner door or window of a dwelling house if, after notice of office and purpose, the officer is refused admittance.
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Subd. 2.United States Customs and Border Protection, United States Citizenship and Immigration Services officer.
An officer in the United States Customs and Border Protection or the United States Citizenship and Immigration Services may arrest a person without a warrant under the circumstances specified in clauses (1) and (2):
(1) when the officer is on duty within the scope of assignment and one or more of the following situations exist:
(i) the person commits an assault in the fifth degree, as defined in section 609.224, against the officer;
(ii) the person commits an assault in the fifth degree, as defined in section 609.224, on any other person in the presence of the officer, or commits any felony;
(iii) the officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person committed it; or
(iv) the officer has received positive information by written, teletypic, telephonic, radio, or other authoritative source that a peace officer holds a warrant for the person's arrest; or
(2) when the assistance of the officer has been requested by another Minnesota law enforcement agency.
Notes of Decisions
Cited in
84
cases (
5 in the last 5 years), 1958–2025 · leading case:
State v. Askerooth, 681 N.W.2d 353 (Minn. 2004).
State v. Askerooth, 681 N.W.2d 353 (Minn. 2004).
· cites it 8× “Compare Minn.Stat. § 629.34, subd. 1(c)(1) (2002) (providing for warrantless arrest when an offense has been committed in an officer's presence), with Minn.”
Baribeau v. City of Minneapolis, 596 F.3d 465 (8th Cir. 2010).
· cites it 4× “1984); see Minn.Stat. § 629.34, subd. 1(c)(1). In addition, police officers exercising judgment or discretion are entitled to official immunity unless they commit a "willful or malicious wrong.”
Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
· cites it 2× “15 (1)(a) (West 2000) (for felony, misdemeanor, or ordinance violation committed in the officer's presence); Minn. Stat. § 629.34 (1)(c)(1) (Supp. 2001) ("when a public offense has been committed or attempted in the officer's presence"); Miss.”
Payton v. New York, 445 U.S. 573 (1980).
· cites it 2× “21 (1970); Minn. Stat. § 629.34 (1978); Miss. Code Ann.”
State v. Nordstrom, 331 N.W.2d 901 (Minn. 1983).
· cites it 4× “The arrest would have been illegal under Minn.Stat. § 629.34, as Officer Pulford did not observe any driving conduct, operation, or actual physical control of a motor vehicle by Mr.”
John Hugh Gilmore v. City of Minneapolis, 837 F.3d 827 (8th Cir. 2016).
· cites it 2× “Minn. Stat. § 629.34 (c). The city contends that Glazer’s citizen’s arrest satisfied the “in-presence” requirement.”
Smith v. Hubbard, 91 N.W.2d 756 (Minn. 1958).
· cites it 8× “He testified that defendant's car threw dust as it made turns, but as the trial court stated: "It is common knowledge that if you drive on a graveled road that it is going to raise dust.”
Marben v. State, Dep't of Pub. Saf., 294 N.W.2d 697 (Minn. 1980).
· cites it 3× “Pursuant to Minn.Stat. § 629.34(1) (1978), a peace officer may, without a warrant, arrest a person for a misdemeanor 4 when the offense is “committed or attempted in his [the officer’s] presence.”
State v. Paul, 548 N.W.2d 260 (Minn. 1996).
· cites it 4× “See Minn.Stat. § 629.34, subd. 1(c)(1), 1(d) (1994).”
Ker v. California, 374 U.S. 23 (1963).
· cites it 2× “880; Minn. Stat. Ann. § 629.34 ; Miss. Code § 2471; Mo.”
State v. Carver, 577 N.W.2d 245 (Minn. Ct. App. 1998).
· cites it 10× “1 (1996), in Kitchenmaster’s presence, justifying an arrest according to Minn.Stat. § 629.34, subd. 1(c)(1) (1996) (permitting a peace officer to make an arrest without a warrant “[w]hen a public offense has been committed or attempted in the officer’s * * * presence.”
State v. Miller, 185 N.W.2d 872 (Minn. 1971).
· cites it 18× “In resolving the question certified the following sub-issues must be considered: (1) Is a gross misdemeanor to be treated as a felony under the provisions of § 629.34? (2) If a gross misdemeanor is to be treated as a misdemeanor under § 629.”
— Minn. Stat. § 629.34(1) — 4 cases
Marben v. State, Dep't of Pub. Saf., 294 N.W.2d 697 (Minn. 1980).
“Pursuant to Minn.Stat. § 629.34(1) (1978), a peace officer may, without a warrant, arrest a person for a misdemeanor 4 when the offense is “committed or attempted in his [the officer’s] presence.”
State v. Miller, 185 N.W.2d 872 (Minn. 1971).
“In resolving the question certified the following sub-issues must be considered: (1) Is a gross misdemeanor to be treated as a felony under the provisions of § 629.34? (2) If a gross misdemeanor is to be treated as a misdemeanor under § 629.”
Smith v. Hubbard, 91 N.W.2d 756 (Minn. 1958).
“He testified that defendant's car threw dust as it made turns, but as the trial court stated: "It is common knowledge that if you drive on a graveled road that it is going to raise dust.”
— Minn. Stat. § 629.34(3) — 8 cases
— Minn. Stat. § 629.34(4) — 1 case
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