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

Minn. Stat. § 629.38 (2026)

Private Person To Disclose Cause Of Arrest

✓ current as of May 2026
Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Before making an arrest a private person shall inform the person to be arrested of the cause of the arrest and require the person to submit. The warning required by this section need not be given if the person is arrested while committing the offense or when the person is arrested on pursuit immediately after committing the offense. If a person has committed a felony, a private person may break open an outer or inner door or window of a dwelling house to make the arrest if, before entering, the private person informs the person to be arrested of the intent to make the arrest and the private person is then refused admittance.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1958–2024 · leading case: John Hugh Gilmore v. City of Minneapolis, 837 F.3d 827 (8th Cir. 2016).
Sort: Relevance Newest Treatment
John Hugh Gilmore v. City of Minneapolis, 837 F.3d 827 (8th Cir. 2016). · cites it 4× “” Minn. Stat. § 629.38 . Since Officers Dubuc and Stewart did not personally witness Gilmore’s disorderly conduct and therefore could not satisfy the “in-presence” requirement themselves, the city relies on Glazer’s citizen’s arrest.”
Smith v. Hubbard, 91 N.W.2d 756 (Minn. 1958). · cites it 4× “" Section 629.38 provides that "Before making an arrest such private person shall inform the person to be arrested of the cause thereof and require him to submit, except when he is in the actual commission of the offense or when he shall be arrested on pursuit immediately after…”
State v. Rein, 477 N.W.2d 716 (Minn. Ct. App. 1991). · cites it 4× “Minn.Stat. § 629.38 (1990); State v. Tapia, 468 N.”
Windschitl v. Comm'r of Pub. Saf., 355 N.W.2d 146 (Minn. 1984). · cites it 2× “Minn.Stat. § 629.38 (1982). Nor is a police officer precluded from using flashing lights and siren when making a citizen’s arrest.”
United States v. Kriz, 301 F. Supp. 1329 (D. Minnesota 1969). · cites it 4× “” Minn.Stat. § 629.38 states that “before - making an arrest such private person shall inform the person to be arrested of the cause thereof and require him to submit, except when he is in the actual commission of the offense * * Finally Minn.”
State v. Duren, 123 N.W.2d 624 (Minn. 1963). “” 4 § 629.38 provides in part: “Before making an arrest such private person shall inform the person to be arrested of the cause thereof and require him to submit, except when he is in the actual commission of the offense * * 5 § 629.”
State v. Stoll, 402 N.W.2d 239 (Minn. Ct. App. 1987). · cites it 2× “section 629.38. Because appellant was arrested while committing an assault, it was not necessary that Fave and Palmer announce the reason for the arrest.”
Blackwell v. Soc. Sec. (D. Minnesota 2024). “17 (business discrimination), Minn. Stat. 629.38 (requiring disclosure of cause for private arrest), Minn.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.