Page:1862-63 Territory of Dakota Session Laws.pdf/106

Rh night, unless upon the direction of the magistrate indorsed upon the warrant.

Sec. 5. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer.

Sec. 6. The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention.

Sec. 7. The officer must inform the defendant that he acts under the authority of the warrant, and must also show the warrant if required.

Sec. 8. If, after notice of intention to arrest the defendant, he either flee or forcibly resist, the officer may use all necessary means to effect the arrest.

Sec. 9. The officer may break open an inner or outer door, or window of a dwelling house, to execute the warrant, if after notice of his authority and purpose he be refused admittance.

Sec. 10. An officer may break open an inner or outer door, or window of a dwelling house, for the purpose of liberating a person who, having entered for the purpose of making an arrest, is detained therein, or when necessary for his own liberation.

Sec. 11. A peace officer may, without a warrant, arrest a person:

1. For a public offense committed or attempted in his presence.

2. When a person arrested has committed a felony, although not in his presence.

3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.

4. On a charge made upon reasonable cause of the commission of a felony by tie party arrested.

Sec. 12. To make an arrest as provided in the last section, the officer may break open an outer or inner door or window of a dwelling house, if after notice of his office and purpose, he be refused admittance.

Sec. 13. He may also at night, without a warrant, arrest any person whom he has reasonable cause for believing to