Page:Revised Codes of the State of North Dakota 1895.pdf/1430

rh|§§ 7918–7929|CRIMINAL PROCEDURE. Proceedings in § 7918. Restraint limited. The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention.

§ 7919. Warrant must be shown. If the person making the arrest is acting under the authority of a warrant, he must so inform the defendant, and he must also show the warrant, if required.

§ 7920. Officers must obey warrant. An officer making an arrest in obedience to a warrant, must proceed with the person arrested as commanded in the warrant, or otherwise as provided by law.

§ 7921. When defendant resists. If, after notice of intention to arrest the defendant, he either flees or forcibly resists, the officer may use all necessary means to effect the arrest.

§ 7922. Officer may break door. 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 is refused admittance.

§ 7923. Arrest without warrant. A peace officer may, with out 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.

§ 7924. May break door. 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 is refused admittance.

§ 7925. Arrest at night. Reasonable cause. 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 appears that the felony had not been committed.

§ 7926. Must state authority. 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.

§ 7927. Bystander's arrest. 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.

§ 7928. Offense in presence of magistrate. When a public offense is committed in the presence of a magistrate, he may, by a verbal or written order, command any person to arrest the offender, and may thereupon proceed as if the offender had been brought before him on a warrant of arrest.

§ 7929. When private person may arrest. A private person may arrest another:

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 been in fact committed, and he has reasonable rate for !nlieving the person arrested to have committee it. 1396