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A. An arrest is the taking of a person into custody in the manner authorized by law. An arrest may be made by either a police or law enforcement officer or by a private person.

B. A police or law enforcement officer may make an arrest in obedience to an arrest warrant, or he or she may, without a warrant, arrest a person:

1. When he or she has probable cause to believe that an offense has been committed in his or her presence;

2. When he or she has probable cause for believing the person has committed an offense, although not in his or her presence, and there is reasonable cause for believing that such person before a warrant can be obtained may:

a. Flee the jurisdiction or conceal himself or herself to avoid arrest; or

b. Destroy or conceal evidence of the commission of an offense; or

c. Injure or annoy another person or damage property belonging to another person.

C. A private person may arrest another, for prompt delivery to a law enforcement officer:

1. When an offense is committed or attempted in his or her presence;

2. When an arrest warrant for that person is in fact outstanding.

D. Any person making an arrest may orally summon as many persons as he or she deems necessary to help him or her.

E. If the offense charged is an offense punishable by banishment or in violation of the federal Major Crimes Act 1, the arrest may be made at his or her residence at any time of the day or night. Otherwise, the arrest pursuant to a warrant can be made at a person’s residence only between the hours of 7:00 a.m. and 9:00 p.m. unless arrest at night at the residence is specifically authorized by the issuing Judge. Arrest at places other than at the residence may be made at any time.

1See 18 U.S.C. § 1153.

F. Any person, upon making an arrest:

1. Must inform the person to be arrested of his or her intention to arrest him or her, of the cause or reasons for the arrest, and his or her authority to make it, except when the person to be arrested is actually engaged in the commission of, or an attempt to, commit an offense, or is pursued immediately after its commission or an escape if such is not reasonably possible under the circumstances;

2. Must show the warrant of arrest as soon as is practicable, if such exists and is demanded;

3. A law enforcement officer may use reasonable force and use all necessary means to effect the arrest if the person to be arrested either flees or forcibly resists after receiving information of the officer’s intent to arrest except that deadly force may be used only as otherwise provided by law;

4. A law enforcement officer may break open a door or window of a building in which the person to be arrested is, or is reasonably believed to be, after demanding admittance and explaining the purpose of which admittance is desired;

5. May search the person arrested and take from him or her and put into evidence all weapons he or she may have about his or her person;

6. Shall as soon as is reasonably possible deliver the person arrested to a police officer or do as commanded by the arrest warrant or deliver the person arrested to the jail for processing a complaint.