Page:1939 North Dakota Session Laws.pdf/225

210 § 48. .) All acts or parts of acts in conflict herewith are hereby repealed.

Approved March 13, 1939.

An act to make uniform the law on fresh pursuit and authorizing this State to co-operate with other States therein; providing for arrests in this State by officers of other States, defining the term "fresh pursuit"; providing for certification to other States; saving clause.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Any member of a duly organized State, county or municipal peace unit of another State of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other State, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized State, county or municipal peace unit of this State, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this State.

§ 2. If an arrest is made in this State by an officer of another State in accordance with the provisions of Section 1 of this act he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this State, or admit him to bail for such purposes. If the magistrate determines that the arrest was unlawful he shall discharge the person arrested.

§ 3. Section 1 of this act shall not be construed so as to make any arrest in this State which would otherwise be lawful.

§ 4. For the purpose of this act the word "State" shall include the District of Columbia.

§ 5. The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonable(y) sus-