Page:1887 Compiled Laws of Dakota Territory.pdf/1182

§§ 7139-7153

§ 7139. An arrest may be either:

1. By a peace officer, under a warrant.

2. By a peace officer, without a warrant; or,

3. By a private person.

§ 7140. Every person must aid an officer in the execution of a warrant, if the officer require his aid.

§ 7141. 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 cannot be made at night, unless upon the direction of the magistrate indorsed upon the warrant.

§ 7142. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer.

§ 7143. The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention.

§ 7144. The officer must inform the defendant that he acts under the authority of the warrant, and must also show the warrant if required.

§ 7145. 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.

§ 7146. The officer may break open an outer or inner door or window of a dwelling house, to execute the warrant, if, after notice of his authority and purpose, he be refused admittance.

§ 7147. An officer may break open an outer or inner 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.

§ 7148. A peace officer may, without a warrant, arrest a person:

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

2. When the 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 the party arrested.

§ 7149. 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.

§ 7150. He may also at night, without a warrant, arrest any person whom he has reasonable cause for believing to have committed a felony, and is justified in making the arrest though it afterward appear that the felony had not been committed.

§ 7151. When arresting a person without a warrant, the officer must inform him of his authority and the cause of the arrest, except when he is in the actual commission of a public offense, or is pursued immediately after an escape.

§ 7152. He may take before a magistrate, a person, who, being engaged in a breach of the peace, is arrested by a bystander and delivered to him.

§ 7153 When a public offense is committed in the presence of a magistrate, he may, by a or written order, command any person to arrest the offender, and may thereupon proceed as