Chapter 629 — Arrest and Search Warrants

629.01 Definitions This section defines key terms used throughout Minnesota's criminal arrest and extradition laws. It explains what … 629.02 Duties of Governor in Extradition Matters The governor must arrest and return people charged with crimes in other states who fled to Minnesota, with exceptions … 629.03 Demand in Writing Another state asking for a person's extradition must put the request in writing, with proof the person was in that state … 629.04 Attorney General to Investigate The governor can ask the attorney general or a local prosecutor to look into an extradition request and report back. 629.05 Extradition by Agreement Minnesota's governor can arrange to borrow a prisoner from another state for trial here, and can also send people to … 629.06 Extradition of Persons Committing Crime The governor can send a person to another state even if the person was never physically in that state, as long as their … 629.07 Warrant of Arrest When the governor approves an extradition request, the governor signs an arrest warrant sealed with the state seal and … 629.08 Accused Turned Over to Demanding State The governor's extradition warrant lets the officer arrest the person anywhere in Minnesota, get help from other … 629.09 Powers of Officer Officers carrying out an extradition arrest have the same power to demand help from others as they do when serving any … 629.10 Accused Taken Before Court Before being sent to another state, an arrested person must be brought before a judge, told about the charges, and given … 629.11 Violation; Gross Misdemeanor An officer who hands over a prisoner to another state's agent without first bringing them before a judge commits a gross … 629.12 Accused May Be Confined in Jail Officers transporting a prisoner for extradition can hold them in any county or city jail along the way, and the jail … 629.13 Who May Be Apprehended The governor can have a person arrested for extradition even if they are already in jail, free on bail, or on probation … 629.14 Arrest Without Warrant A peace officer can arrest someone without a warrant if there are reasonable grounds to believe the person has committed … 629.15 Court May Commit to Jail A judge can send a person arrested without a warrant to jail for up to 30 days while waiting for the governor's … 629.16 Admit to Bail A judge can allow a person held for extradition to post bail, unless the crime charged is punishable by death or life in … 629.17 Discharge If a person arrested for extradition is not charged with a crime under Minnesota law and no extradition warrant arrives, … 629.18 Bond Forfeited If a person out on bail for extradition does not show up in court when required, the bail bond is forfeited. 629.19 Prisoner Held or Surrendered If a person arrested for extradition is already being held in Minnesota for a crime here, the governor's warrant keeps … 629.20 Guilt or Innocence Not Inquired Into In extradition hearings, the court does not decide whether the person is actually guilty or innocent of the crime … 629.21 Recall of Warrant The governor can take back an extradition warrant at any time before the person is actually handed over to the other … 629.22 Warrant for Parolees or Probationers The governor can issue an extradition warrant for someone who broke parole or probation in another state, based on a … 629.23 Prosecuting Attorney; Written Application A prosecutor can ask a judge to issue a warrant to hold someone believed to have committed a crime in another state, … 629.24 Civil Process Not to Be Served A person brought to or passing through Minnesota because of extradition cannot be served with civil court papers while … 629.25 Trial for Other Crimes A person brought to Minnesota by extradition can be tried for other crimes committed in Minnesota, not just the one in … 629.26 Uniformity Minnesota's extradition laws (sections 629.01-629.29) should be interpreted to match similar laws in other states for … 629.27 Governor May Appoint Agent The governor can appoint an agent to go to another state to pick up a person being returned to Minnesota through … 629.28 Powers of Officers An agent appointed by the governor to pick up an extradited person has the same powers as a peace officer would have in … 629.29 Citation, Uniform Criminal Extradition Act Sections 629.01 through 629.29 are officially called the Uniform Criminal Extradition Act. 629.291 Transfer of State Inmates to Federal District Court The governor can approve transferring state inmates to federal court for trial on federal charges, and the inmate gets … 629.292 Uniform Mandatory Disposition of Detainers Act A prisoner serving time in Minnesota can demand a speedy trial on any other pending criminal charges (detainers) filed … 629.294 Interstate Agreement on Detainers Minnesota participates in an interstate agreement that lets prisoners demand speedy trials on charges pending in other … 629.30 Arrests; by Whom Made; Aiding Officer Arrests can be made by peace officers or private citizens. Anyone asked to help a peace officer make an arrest must do … 629.31 Time When Arrest May Be Made An arrest with a warrant can be made at any time of day or night. 629.32 Minimum Restraint Allowed for Arrest; Warrant Shown Upon Request Officers must use only the minimum force needed to make an arrest and must show the warrant to the person if asked. 629.33 When Force May Be Used to Make Arrest An officer can break open a door or window to make an arrest if refused entry after stating their authority, or to free … 629.34 When Arrest May Be Made Without Warrant A peace officer can arrest someone without a warrant when a crime is committed in their presence, when there is probable … 629.341 Allowing Probable Cause Arrests for Domestic Violence; Immunity From Liability This section allows police officers to arrest someone without a warrant for domestic abuse, even if the officer did not … 629.342 Law Enforcement Policies; Domestic Abuse Arrests This section requires every law enforcement agency in Minnesota to have a written policy on how to handle domestic abuse … 629.343 Probable Cause Arrests; Offenses on School Property Police can arrest someone without a warrant for a crime committed on school property if there is probable cause, even if … 629.344 Criminal Vehicular Operation and Manslaughter; Certification of Probable Cause by Peace Officer In criminal vehicular operation or manslaughter cases, a peace officer can certify probable cause to arrest a person … 629.35 Arrest at Night; When Permissible Arrests without a warrant can only be made at night for felonies, not misdemeanors. 629.355 Peace Officer Authority to Detain Person on Conditional Release A peace officer can detain someone on conditional release if there is probable cause to believe they violated their … 629.36 Permitting Bystander to Deliver Arrested Person to Peace Officer An officer making an arrest can give the arrested person to a bystander to hold if the officer needs to keep arresting … 629.361 Peace Officers Responsible for Custody of Stolen Property This section requires peace officers who arrest someone for robbery, aggravated robbery, carjacking, or theft to use … 629.362 Recaptured Escaped Inmate; Term of Imprisonment An escaped inmate who is recaptured must serve out the remaining sentence. A court can also add extra time as a penalty … 629.363 Railway Conductor; Authority to Arrest A train conductor or a conductor's employee can arrest a passenger who commits a crime on the train and hold them until … 629.364 Arrests for Swindling If someone swindles another person and is caught in a different county, they can be arrested and returned to the county … 629.365 Definitions This section defines key terms used in the shoplifting detention law, including what counts as a merchant, a peace … 629.366 Theft in Business Establishments; Detaining Suspects Store owners and employees can briefly detain someone they reasonably believe is shoplifting to check the situation and … 629.37 When Private Person May Make Arrest A private citizen can arrest someone who commits a crime in their presence, or arrest a person they have reasonable … 629.38 Private Person to Disclose Cause of Arrest A private citizen who makes an arrest must tell the arrested person why they are being arrested, except when the person … 629.39 Private Person Making Arrest to Deliver Arrestee to Judge or Peace Officer A private citizen who arrests someone must take the arrested person to a judge or peace officer right away. 629.40 Allowing Arrests Anywhere in State A peace officer with a warrant can make an arrest anywhere in Minnesota, not just in their own county or city. 629.401 Delaying to Take Prisoner Before Judge An officer who delays bringing an arrested person before a judge without good reason can be punished. 629.402 Arrest Without Authority Arresting someone without legal authority is a crime punishable as a misdemeanor. 629.403 Refusal to Aid in Making Arrest Refusing to help a peace officer make an arrest when asked is a misdemeanor. 629.404 Counties or Municipalities Causing Arrest; Requiring Return Transportation When a county or city has someone arrested in another county, they may have to pay for the person's transportation back. 629.406 Maintenance of Booking Recordings Law enforcement must keep video recordings made during the booking process for at least one year. 629.41 Judges to Issue Process for Arrest Judges can issue arrest warrants or summonses based on a sworn complaint that a crime has been committed. 629.415 Proceedings on Summons to Appear When a person is given a summons to appear in court instead of being arrested, the summons must list the charges and … 629.42 This section has been repealed and is no longer in effect. 629.43 This section has been repealed and is no longer in effect. 629.44 Recognizance by Offender; Cases Not Punishable by Imprisonment in Minnesota Correctional Facility-stillwater A person charged with a crime not punishable by state prison time can post a bond and be released instead of going to … 629.45 Proceedings in Case of Bail Refusal If a judge refuses to set bail, the arrested person can ask a different judge for bail. 629.46 This section has been repealed and is no longer in effect. 629.47 Hearing or Trial Adjourned; Recognizance Allowed When a hearing or trial is postponed, the defendant can be released on bail or a recognizance bond until the new court … 629.471 Maximum Bail on Misdemeanors; Gross Misdemeanors Bail for misdemeanors cannot exceed twice the maximum fine. For gross misdemeanors, bail cannot exceed four times the … 629.48 Proceedings on Failure to Appear According to Bond If a person out on bail fails to appear in court, the judge can issue a bench warrant for their arrest and begin … 629.49 When Person Fails to Recognize Apprehension Required If a person refuses to post bail or a recognizance bond when ordered, the judge can issue a warrant for their arrest. 629.50 This section has been repealed and is no longer in effect. 629.51 This section has been repealed and is no longer in effect. 629.52 This section has been repealed and is no longer in effect. 629.53 Providing Release on Bail; Commitment A judge can release a person charged with a crime on bail, with conditions, or by personal recognizance. People charged … 629.531 Electronic Monitoring as Condition of Pretrial Release A court can require a defendant to wear an electronic monitoring device as a condition of being released before trial. 629.54 Witness to Recognize A witness can be required to post a bond promising to appear in court to testify. The court sets the bond amount. 629.55 Committal of Witnesses Who Refuse to Recognize If a witness refuses to post the required bond, the judge can send the witness to jail until they agree to post the bond … 629.56 This section has been repealed and is no longer in effect. 629.57 This section has been repealed and is no longer in effect. 629.58 Proceedings Required When Person Under Bond Defaults; Paying Bond to Court When a person on bail fails to appear in court, the court starts forfeiture proceedings. The bail money or bond amount … 629.59 Court to Forgive Bond Forfeiture Penalty A court can forgive a bail forfeiture if the person shows up later or has a good reason for missing court. 629.60 Actions to Recover Under Recognizance Even if Technical Noncompliance The court can still collect on a bail bond even if there are small technical errors in the bond paperwork. 629.61 Arrest of Defaulter If a person who posted bail fails to appear, the court can issue a warrant to arrest them and bring them back to court. 629.62 Application for Bail; Justification When someone applies to be a bail surety, they must show under oath that they have enough property to cover the bail … 629.63 Surety Arrest of Defendant A bail surety can arrest the defendant they bonded out and bring them back to court to be released from the bail … 629.64 Judge May Impose New Conditions of Release on Defendant Who Violated Release A judge can change release conditions or revoke bail for a defendant who violates the terms of their pretrial release. 629.65 Sheriff Fees Sheriff fees for serving bail-related documents and transporting prisoners are set by law. 629.66 This section has been repealed and is no longer in effect. 629.67 Sureties on Bond, Recognizance, or Undertaking; Affidavits Required People signing bail bonds as sureties must file sworn statements about their finances to prove they can cover the bail … 629.68 Prohibiting Sureties to Make False Statements in Affidavits; Penalty A bail surety who lies in their sworn financial statement commits a gross misdemeanor. 629.69 This section has been repealed and is no longer in effect. 629.70 Authorized Corporate Bonds and Recognizances Licensed insurance companies can act as bail bond sureties and issue bonds for defendants in criminal cases. 629.71 This section has been repealed and is no longer in effect. 629.715 Release in Cases Involving Crimes Against Persons; Surrender of Firearms When someone is charged with a crime against a person, the court may require them to give up their firearms as a … 629.72 Bail; Domestic Abuse; Harassment; Violation of Order for Protection; or No Contact Order This section governs bail and release conditions for people arrested for domestic abuse, stalking, harassment, violation … 629.725 Notice to Victim Regarding Bail Hearing of Arrested or Detained Person Crime victims must be told about the defendant's bail hearing and given a chance to object to the defendant's release. 629.73 Notice to Crime Victim; Release of Arrested or Detained Person Crime victims must be notified before the person who was arrested for the crime against them is released from jail. 629.735 Notice to Local Law Enforcement Agency; Release of Arrested or Detained Person When an arrested person is released from custody, the jail must notify local law enforcement in the area where the crime … 629.74 Pretrial Bail Evaluation Courts must evaluate a defendant's risk level and community ties before setting bail or release conditions. 629.75 Domestic Abuse No Contact Order In domestic abuse cases, the court can issue a no-contact order preventing the defendant from contacting the victim as a …