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Subdivision 1.Definition.
In this section "peace officer" has the meaning given it in section 626.84, subdivision 1, paragraph (c).
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Subd. 2.Out of jurisdiction arrests.
In any case in which a person licensed under section 626.84, subdivision 1, may by law, either with or without a warrant, arrest a person for a criminal offense committed within the jurisdiction of the officer, and the person to be arrested escapes from or is out of the county, statutory or home rule charter city, or town, the officer may pursue and apprehend the person to be arrested anywhere in this state.
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Subd. 3.Authority for arrests outside jurisdiction.
When a person licensed under section 626.84, subdivision 1, in obedience to the order of a court or in the course and scope of employment or in fresh pursuit as provided in subdivision 2, is outside of the person's jurisdiction, the person is serving in the regular line of duty as fully as though the service was within the person's jurisdiction.
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Subd. 4.Off-duty arrests outside jurisdiction.
A peace officer, as defined in section 626.84, subdivision 1, paragraph (c), who is off duty and outside of the jurisdiction of the appointing authority but within this state may act pursuant to section 629.34 when and only when confronted with circumstances that would permit the use of deadly force under section 609.066. Nothing in this subdivision limits an officer's authority to arrest as a private person. Nothing in this subdivision shall be construed to restrict the authority of a political subdivision to limit the exercise of the power and authority conferred on its peace officers by this subdivision.
Notes of Decisions
Cited in
22
cases (
1 in the last 5 years), 1958–2023 · leading case:
State v. Bunde, 556 N.W.2d 917 (Minn. Ct. App. 1996).
State v. Bunde, 556 N.W.2d 917 (Minn. Ct. App. 1996).
· cites it 24× “Did the district court err in ruling that Francis's arrest was unauthorized under Minn.Stat. § 629.40? III. Did the district court err in ruling that Bunde's arrest was unauthorized under Minn.”
Piotrowski v. Comm'r of Pub. Saf., 453 N.W.2d 689 (Minn. 1990).
· cites it 8× “One issue presented by the appeals is whether a Minnesota police officer is free to continue the fresh pursuit of a fleeing suspect once the suspect has crossed the border into another state.”
Smith v. Hubbard, 91 N.W.2d 756 (Minn. 1958).
· cites it 6× “34(1) and "criminal offense" in § 629.40 include both felonies and misdemeanors, even those which do not amount to breaches of the peace.”
Windschitl v. Comm'r of Pub. Saf., 355 N.W.2d 146 (Minn. 1984).
· cites it 5× “Minn.Stat. § 629.40 (1982). Moreover, when the conduct of the offender during the course of the pursuit and arrest furnishes separate and distinct grounds for arrest, the police officer may arrest the offender for the additional offense.”
Shull v. Comm'r of Pub. Saf., 398 N.W.2d 11 (Minn. Ct. App. 1986).
· cites it 8× “1984), the supreme court stated that under Minn.Stat. § 629.40 (Supp.1985), when an officer has the right to arrest a driver for an offense, he also has the right to pursue and apprehend him anywhere in the state.”
State v. Filipi, 297 N.W.2d 275 (Minn. 1980).
· cites it 3× “Minn.Stat. § 629.40 (1978) provides: ARRESTS, ANYWHERE IN STATE.”
People v. Wolf, 635 P.2d 213 (Colo. 1981).
· cites it 2× “These Minneapolis policemen were not pursuing a suspect who was fleeing their jurisdiction or had escaped from their custody, nor were they acting in obedience to a jurisdictional authority.”
Yoraway v. Comm'r of Pub. Saf., 669 N.W.2d 622 (Minn. Ct. App. 2003).
· cites it 4× “Minn.Stat. § 629.40 (2002). An out-of-jurisdiction stop is permitted if the officer is acting “in the course and scope of employment.”
State v. Campbell, 814 N.W.2d 1 (Minn. 2012).
“34(1) and ‘criminal offense’ in § 629.40 include both felonies and misdemeanors.”
State v. Tilleskjor, 491 N.W.2d 893 (Minn. 1992).
· cites it 4× “We hold that the officer’s conduct was authorized by Minn.Stat. § 629.40 and, accordingly, we reverse the decision of the court of appeals and remand to the district court for trial.”
State v. Dahlheimer, 413 N.W.2d 255 (Minn. Ct. App. 1987).
· cites it 4× “This court found the deputy sheriff had a sufficient basis to stop the *257 vehicle while within Wabasha County and the subsequent arrest outside the deputy sheriffs jurisdiction was valid and lawful under Minn.Stat. § 629.40, subd. 2 or as a citizens arrest pursuant to Minn.”
— Minn. Stat. § 629.40(2) — 1 case
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