Page:2019 North Dakota Session Laws.pdf/977

Judicial Procedure, Criminal attempted in the officer's presence when what the officer observes through the officer's senses reasonably indicates to the officer that a crime was in fact committed or attempted in the officer's presence by the person arrested.

b. When the person arrested has committed a felony, although not in the officer's presence.

c. When a felony in fact has been committed, and the officer has reasonable cause to believe the person arrested to have committed it.

d. On a charge, made upon reasonable cause, of the commission of a felony by the party arrested.

e. For the public offenses, not classified as felonies and not committed in the officer's presence as provided for under section 29-06-15.1.

f. On a charge, made upon reasonable cause, of driving or being in actual physical control of a vehicle while under the influence of alcoholic beverages.

g. For the offense of violating a protection order under section 14-07.1-06, an order prohibiting contact under section 12.1-31.2-02, or for an assault involving domestic violence under section 14-07.1-11.

h. On a charge, made upon reasonable cause, of being under the influence of volatile chemical vapors in violation of section 19-03.1-22.1.

2. An officer of the United States customs and border protectionA federal agent, without a warrant, may arrest a person if all of the following circumstances exist:

a. The officer is on duty.

b. One or more of the following situations exist:

(1) The person commits an assault or other crime, defined and punishable under chapter 12.1-17, against the officer or against any other person in the presence of the officer.

(2) The officer has reasonable cause to believe that a crime, as defined in paragraph 1, has been committed and reasonable cause to believe that the person to be arrested has committed it.

(3) The officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person to be arrested has committed it.

(4) The officer has received positive information from an authoritative source that a peace officer holds a warrant for the person's arrest.

3. If a law enforcement officer has reasonable cause to believe an individual has violated a lawful order of a court of this state which requires the individual to participate in the twenty-four seven sobriety program authorized in sections 54-12-27 through 54-12-31, the law enforcement officer may immediately take