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

Minn. Stat. § 629.37 (2026)

When Private Person May Make Arrest

✓ current as of May 2026
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A private person may arrest another:

(1) for a public offense committed or attempted in the arresting person's presence;

(2) when the person arrested has committed a felony, although not in the arresting person's presence; or

(3) when a felony has in fact been committed, and the arresting person has reasonable cause for believing the person arrested to have committed it.

Notes of Decisions
Cited in 32 cases (3 in the last 5 years), 1958–2023 · leading case: State, Lake Minnetonka Conservation Dist. v. Horner, 617 N.W.2d 789 (Minn. 2000).
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State, Lake Minnetonka Conservation Dist. v. Horner, 617 N.W.2d 789 (Minn. 2000). · cites it 12× “Minn.Stat. § 629.37 (1998). The boating while intoxicated charges involved here were misdemeanor offenses.”
Smith v. Hubbard, 91 N.W.2d 756 (Minn. 1958). · cites it 10× “Section 629.37 extends to private citizens the right to arrest for public offenses committed or attempted within their presence and § 629.”
Piotrowski v. Comm'r of Pub. Saf., 453 N.W.2d 689 (Minn. 1990). · cites it 8× “2d 756, 761 (1958)]; two, that the arrests were valid as citizen's arrests by the police under Minn.Stat. § 629.37 (1988) [ State v. Schinzing, 342 N.”
State v. Filipi, 297 N.W.2d 275 (Minn. 1980). · cites it 4× “In this state the power of private persons to arrest is governed by Minn.Stat. § 629.37 (1978), which provides: A private person may arrest another: (1) For a public offense committed or attempted in his presence; (2) When such person has committed a felony, although not in his…”
State, Dep't of Pub. Saf. v. Juncewski, 308 N.W.2d 316 (Minn. 1981). · cites it 2× “In this state the power of private persons to arrest is governed by Minn.Stat. § 629.37 (1980), which provides: A private person may arrest another: (1) For a public offense committed or attempted in his presence; Id.”
State v. Rein, 477 N.W.2d 716 (Minn. Ct. App. 1991). · cites it 8× “Appellants admit they were on the premises of Planned Parenthood and that they refused to depart when officials of Planned Parenthood, the lawful possessor, demanded they leave.”
United States v. Douglas Edward Rambo, 789 F.2d 1289 (8th Cir. 1986). “5 *1294 Minn.Stat.Ann. § 629.37 (West 1983). For an offense to be “committed” in the presence of the police officer or private citizen, all the acts constituting the misdemeanor must have occurred in their presence.”
State v. Tapia, 468 N.W.2d 342 (Minn. Ct. App. 1991). · cites it 2× “See Minn.Stat. §§ 629.37, 629.38 (1985). Here, Tapia broke down the door of a third party dwelling to arrest a principal who jumped the bond on a misdemeanor charge.”
Windschitl v. Comm'r of Pub. Saf., 355 N.W.2d 146 (Minn. 1984). · cites it 2× “A private citizen may arrest another for the commission of a public offense committed or attempted in his presence, Minn.Stat. § 629.37 (1982), and he may pursue him.”
State v. Sellers, 350 N.W.2d 460 (Minn. Ct. App. 1984). · cites it 2× “The power of private persons to arrest is governed by Minn.Stat. § 629.37 (1982) which provides: A private person may arrest another: (1) For a public offense committed or attempted in his presence; (2) When such person has committed a felony, although not in his presence; or…”
State v. Halvorson, 356 N.W.2d 376 (Minn. Ct. App. 1984). · cites it 4× “The trial court concluded the arrest by a police officer beyond his jurisdiction was contrary to Minn.Stat. § 629.37 (1982) authorizing citizen’s arrests.”
Commonwealth v. Grise, 496 N.E.2d 162 (Mass. 1986). “17-A, § 16 (1964); Minn. Stat. § 629.37 (Supp. 1985); Miss. Code Ann.”
Show all 32 citing cases →
— Minn. Stat. § 629.37(1) — 6 cases
Smith v. Hubbard, 91 N.W.2d 756 (Minn. 1958). “Section 629.37 extends to private citizens the right to arrest for public offenses committed or attempted within their presence and § 629.”
State v. Dahlheimer, 413 N.W.2d 255 (Minn. Ct. App. 1987).
Shull v. Comm'r of Pub. Saf., 398 N.W.2d 11 (Minn. Ct. App. 1986).
State v. Piotrowski, 435 N.W.2d 573 (Minn. Ct. App. 1989).
Schmidtbauer v. Comm'r of Pub. Saf., 392 N.W.2d 668 (Minn. Ct. App. 1986).
— Minn. Stat. § 629.37(3) — 2 cases
United States v. Norman Lyle Prouse, United States of Am. v. Robert John Kirchner, United States of Am. v. Joseph Wesley Balzer, 945 F.2d 1017 (8th Cir. 1991).
State v. Tilleskjor, 488 N.W.2d 327 (Minn. Ct. App. 1992).
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