Oklahoma Statutes
Okla. Stat. tit. 22, § 189 (2026)
Arrest, when made
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If the offense charged is a felony, the arrest may be made on any day, and at any time of the day or night. If it is a misdemeanor, the arrest may be made only during the hours of six o'clock a.m. to ten o'clock p.m., inclusive, except as otherwise may be directed by the magistrate endorsed upon the warrant. Provided, an arrest on a warrant which charges a misdemeanor offense may be made at any time of the day or night if the defendant is in a public place or on a public roadway. R.L. 1910, § 5647. R.L. 1910, § 5647. Amended by Laws 1990, c. 148, § 1, emerg. eff. May 1, 1990.
Notes of Decisions
Cited in 2
cases, 1986–1989 · leading case: O'ROURKE v. City of Norman, 640 F. Supp. 1451 (W.D. Okla. 1986).
O'ROURKE v. City of Norman, 640 F. Supp. 1451 (W.D. Okla. 1986). “Plaintiff has asserted that the bench warrant for the arrest of Deborah Boyd, which lies at the root of this dispute, was invalid at the time of the alleged search of the O’Rourke residence under certain provisions of Oklahoma state law relating to nighttime arrests for…”
O'Rourke v. City of Norman, 875 F.2d 1465 (10th Cir. 1989). “Okla.Stat. tit. 22, § 189. 16 Also under Oklahoma law, persons charged with misdemeanors may not be subject to arrest at night unless a judge determines it necessary.”
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