All arrests, with or without a warrant, must be based on probable cause.
You must have sufficient knowledge of facts and circumstances that would lead a reasonable police officer to believe that a crime has been committed and that the suspect committed the crime.
Arrests without a warrant may be made under the following conditions:
According to Minnesota Statute 629.34: When arrest may be made without a warrant:
- When a public offense has been committed or attempted in the officer's presence.
- When the person arrested has committed a felony, although not in the officer's presence.
- When a felony has in fact been committed, and the officer has reasonable cause for believing the person arrested to have committed it.
- Upon a charge based upon reasonable cause of the commission of a felony by the person arrested.
- Under the circumstances described in clause (2), (3), or (4), when the offense is a gross misdemeanor violation of Minnesota statutes 609.52: Theft, 609.595: Criminal Damage to Property, 609.631: Check Forgery, 609.749: Harassment, Stalking, or 609.821: Financial Transaction Card Fraud.
- Under circumstances described in clause (2), (3), or (4), when the offense is a non-felony violation of a restraining order or no contact order previously issued by a court.
According to Minnesota Statute 629.341: Allowing probable cause, arrests for domestic violence; immunity from liability,
Subdivision 1. "a peace officer may arrest a person anywhere without a warrant, including at the person's residence, if the peace officer has probable cause to believe that within the preceding 24 hours the person has committed domestic abuse." "The arrest may be made even though the assault did not take place in the presence of the peace officer."
According to Minnesota Statute 629.343: Allowing probable cause arrests for offense on school property:
"If the peace officer has probable cause to believe that the person within the preceding four hours has committed a fifth-degree assault, as defined in Minnesota Statute 609.224, on school property, as defined in Minnesota Statute 609.66, subdivision 1d. The arrest may be made even though the crimes were not committed in the presence of the peace officer."
Probable Cause "Pick-up":
When an officer has probable cause to make a felony or selected misdemeanors arrest based upon the totality of the circumstances surrounding an incident, the officer is authorized to broadcast a pick-up for the persons arrest. This pick-up will be entered into the e-brief system. Instructions are found on the Intranet. Officers will be allowed to issue a pickup for 24 hours. It should be noted; however, this information will not be entered into the ALERT computer and will only be kept for 24 hours. E-brief will send a message to the Ramsey County Emergency Communication Center for airing.
The officer will also record the fact the pick-up was entered in their original report. This must be done in order to give the assigned investigator the chance to review the case and follow-up to reissue a formal pick-up or cancel the pick-up entirely.
If an investigator does, in fact, decide to issue a formal pick-up, the investigator will enter it in the e-brief system will then be active until an arrest of an individual is made. The e-brief program will disseminate the pickup to the Ramsey County Communications Center for airing and enter into the ALERT system.
This information will remain in the computer for a period not to exceed 30 days and will be reentered after reviewing the information by the investigator.
Revised July 1, 2011