The Saint Paul Police Department is a general police agency and as such has authority to enforce the laws of the State of Minnesota and the ordinances of the City of Saint Paul. Minnesota Statutes, Chapter 629.30 and 629.40 provides authority for your actions.

Minnesota Statute 629.31: When arrest may be made without a warrant:

"An arrest for a felony or gross misdemeanor may be made on any day and at any time of the day or night. A warrant arrest for a misdemeanor may not be made on Sunday or between 10:00 p.m. and 8:00 a.m. on any other day except:

  •          When the judge orders in the warrant that the arrest may be made between those hours.
  •          When the person named in the warrant is found on a public highway or street."

Minnesota Statute 629:35: When arresting at night is permissible:

"A peace officer may arrest a person at night without a warrant if the officer has reasonable cause to believe that person has committed a felony. An arrest under this section is lawful even if it appears after the arrest that no felony has been committed. When arresting a person at night without a warrant, a peace officer shall inform that person of the officer's authority and the cause of the arrest. This warning need not be given if the person is apprehended while committing a public offense or is pursued immediately after escape."

Minnesota Statute: 629.40: Allowing arrests anywhere in the state:

Subdivision 2. Out of jurisdiction arrests:

In any case in which a person licensed under Minnesota Statute 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.

Subdivision 3. Authority for out of jurisdiction arrests:

When a person licensed under Minnesota Statute 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.

Subdivision 4. Off-duty arrests outside jurisdiction:

A peace officer, as defined in Minnesota Statute 626.84, subdivision 1, clause (c), who is off-duty and outside of the jurisdiction of the appointing authority but within this state may act pursuant to Minnesota Statute 629.34 when and only when confronted with circumstances that would permit the use of deadly force under Minnesota Statute 609.066. Nothing in this subdivision limits an officers 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.

Minnesota Statute 609.06: Authorized Use of Force:

Reasonable force may be used upon or toward the person of another without the others consent when the following circumstances exist or the actor reasonably believes them to exist:

  • When used by a police officer or one assisting a police officer under the public officers direction:

         o        In effecting a lawful arrest.

         o        In the execution of legal process.

         o        In enforcing an order of the court.

         o        In executing any other duty imposed upon the police officer by the law.

  • When used by a person not a police officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody.
  • When used by any person in resisting or aiding another to assist an offense against the person.
  • When used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property.
  • When used by any person to prevent the escape, or to retake following escape, of a person lawfully held on a charge or conviction of a crime.
  • When used by a parent, guardian, teacher or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil.
  • When used by a school employee or school bus driver, in the exercise of lawful authority, to restrain a child or pupil, or to prevent bodily harm or death to another.
  • When used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passengers personal safety.
  • When used to restrain a mentally ill or mentally defective person from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the persons control, conduct or treatment.
  • When used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct or treatment of the committed person.

Revised July 1, 2011

Last Edited: March 20, 2017