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

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§§ 7139-7153
CRIMINAL PROCEDURE.
Arrest, by Whom Made.

Arrest made by whom.
s. 114, Crim. Pr.

§ 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.

Aid of officer.
s. 115, Crim. Pr.

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

Arrest when made.
s. 116, Crim. Pr.

§ 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.

Arrest how made.
s. 117, Crim. Pr.

§ 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.

Restraint.
s. 118, Crim. Pr.

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

Officer must show warrant.
s. 119, Crim. Pr.

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

When defendant resists.
s. 120, Crim. Pr.

§ 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.

Officer may break open door.
s. 121, Crim. Pr.

§ 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.

Same to liberate person detained.
s. 122, Crim. Pr.

§ 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.

Arrest without a warrant.
s. 123, Crim. Pr.

§ 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.

May break door, when.
s. 124, Crim. Pr.

§ 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.

Arrest without warrant at night.
s. 125, Crim. Pr.

§ 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.

Authority must be stated.
s. 126, Crim. Pr.

§ 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.

Arrest by bystander.
s. 127, Crim. Pr.

§ 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.

Offense committed in presence of magistrate.
s. 128, Crim. Pr.
§ 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

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