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

Minn. Stat. § 629.39 (2026)

Private Person Making Arrest To Deliver Arrestee To Judge Or Peace Officer

✓ current as of May 2026
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A private person who arrests another for a public offense shall take the arrested person before a judge or to a peace officer without unnecessary delay. If a person arrested escapes, the person from whose custody the person has escaped may immediately pursue and retake the escapee, at any time and in any place in the state. For that purpose, the pursuer may break open any door or window of a dwelling house if the pursuer informs the escapee of the intent to arrest the escapee and the pursuer is refused admittance.

Notes of Decisions
Cited in 6 cases, 1958–2000 · 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 6× “37 extends to private citizens the right to arrest for public offenses committed or attempted within their presence and § 629.39 gives them the right of doing so while in fresh pursuit.”
State, Lake Minnetonka Conservation Dist. v. Horner, 617 N.W.2d 789 (Minn. 2000). · cites it 4× “" Minn.Stat. § 629.39 (1998). We therefore hold that citizens are not authorized to conduct investigations after observing a public offense committed in the citizen's presence under Minn.”
United States v. Douglas Edward Rambo, 789 F.2d 1289 (8th Cir. 1986). “Police officers are authorized to take custody of an individual arrested by a private person, Minn.Stat.Ann. § 629.39 (West Supp.1985), which means in practice that police officers often are the ones who actually effect the arrest, acting on behalf of the citizen-complainant.”
United States v. Kriz, 301 F. Supp. 1329 (D. Minnesota 1969). · cites it 6× “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. Stat. § 629.39 requires that “every private person who…”
State v. Duren, 123 N.W.2d 624 (Minn. 1963). “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 § 629.39 provides in part: “Every private person who shall…”
State v. Stoll, 402 N.W.2d 239 (Minn. Ct. App. 1987). · cites it 2× “section 629.39. Again, Fave and Palmer met the statutory requirements.”
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