Subdivision 1. Arrest. Notwithstanding section 629.34 or any other law or rule, a peace officer may arrest a person anywhere without a warrant, including at the person's residence, if the peace officer has probable cause to believe that within the preceding 72 hours, exclusive of the day probable cause was established, the person has committed nonfelony domestic abuse, as defined in section 518B.01, subdivision 2. The arrest may be made even though the assault did not take place in the presence of the peace officer.
Subd. 2. Immunity. A peace officer acting in good faith and exercising due care in making an arrest pursuant to subdivision 1 is immune from civil liability that might result from the officer's action.
Subd. 3. Notice of rights. The peace officer shall tell the victim whether a shelter or other services are available in the community and give the victim immediate notice of the legal rights and remedies available. The notice must include furnishing the victim a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an order for protection from domestic abuse. The order could include the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your minor child or children; or
(5) an order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so."
The notice must include the resource listing, including telephone number, for the area battered women's shelter, to be designated by the Department of Corrections.
Subd. 4. Report required. Whenever a peace officer investigates an allegation that an incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer shall make a written police report of the alleged incident. The report must contain at least the following information: the name, address and telephone number of the victim, if provided by the victim, a statement as to whether an arrest occurred, the name of the arrested person, and a brief summary of the incident. Data that identify a victim who has made a request under section 13.82, subdivision 17, paragraph (d), and that are private data under that subdivision, shall be private in the report required by this section. A copy of this report must be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney, or organizations designated by the Office of Justice Programs in the Department of Public Safety or the commissioner of corrections that are providing services to victims of domestic abuse. The officer shall submit the report to the officer's supervisor or other person to whom the employer's rules or policies require reports of similar allegations of criminal activity to be made.
Subd. 5. Training. The Board of Peace Officer Standards and Training shall provide a copy of this section to every law enforcement agency in this state on or before June 30, 1983.
Upon request of the Board of Peace Officer Standards and Training to the Bureau of Criminal Apprehension, at least one training course must include instruction about domestic abuse. A basic skills course required for initial licensure as a peace officer must, after January 1, 1985, include at least three hours of training in handling domestic violence cases.
1978 c 724 s 2; 1979 c 204 s 1; 1981 c 273 s 13; 1983 c 226 s 1; 1984 c 655 art 1 s 79; 1985 c 265 art 10 s 1; 1986 c 444; 1993 c 326 art 2 s 29; 1995 c 226 art 7 s 18; 1998 c 371 s 18; 1999 c 227 s 22; 2000 c 444 art 2 s 48; 2004 c 290 s 37; 2009 c 59 art 2 s 3; 2013 c 125 art 1 s 101; 2014 c 177 s 2
Structure Minnesota Statutes
Chapters 625 - 634 — Criminal Procedure; Peace Officers; Privacy Of Communications
Chapter 629 — Extradition, Detainers, Arrest, Bail
Section 629.02 — Duties Of Governor In Extradition Matters.
Section 629.03 — Demand In Writing.
Section 629.04 — Attorney General To Investigate.
Section 629.05 — Extradition By Agreement.
Section 629.06 — Extradition Of Persons Committing Crime.
Section 629.07 — Warrant Of Arrest.
Section 629.08 — Accused Turned Over To Demanding State.
Section 629.09 — Powers Of Officer.
Section 629.10 — Accused Taken Before Court.
Section 629.11 — Violation; Gross Misdemeanor.
Section 629.12 — Accused May Be Confined In Jail.
Section 629.13 — Who May Be Apprehended.
Section 629.14 — Arrest Without Warrant.
Section 629.15 — Court May Commit To Jail.
Section 629.16 — Admit To Bail.
Section 629.18 — Bond Forfeited.
Section 629.19 — Prisoner Held Or Surrendered.
Section 629.20 — Guilt Or Innocence Not Inquired Into.
Section 629.21 — Recall Of Warrant.
Section 629.22 — Warrant For Parolees Or Probationers.
Section 629.23 — Prosecuting Attorney; Written Application.
Section 629.24 — Civil Process Not To Be Served.
Section 629.25 — Trial For Other Crimes.
Section 629.27 — Governor May Appoint Agent.
Section 629.28 — Powers Of Officers.
Section 629.29 — Citation, Uniform Criminal Extradition Act.
Section 629.291 — Transfer Of State Inmates To Federal District Court.
Section 629.292 — Uniform Mandatory Disposition Of Detainers Act.
Section 629.294 — Interstate Agreement On Detainers.
Section 629.30 — Arrests; By Whom Made; Aiding Officer.
Section 629.31 — Time When Arrest May Be Made.
Section 629.32 — Minimum Restraint Allowed For Arrest; Warrant Shown Upon Request.
Section 629.33 — When Force May Be Used To Make Arrest.
Section 629.34 — When Arrest May Be Made Without Warrant.
Section 629.341 — Allowing Probable Cause Arrests For Domestic Violence; Immunity From Liability.
Section 629.342 — Law Enforcement Policies; Domestic Abuse Arrests.
Section 629.343 — Probable Cause Arrests; Offenses On School Property.
Section 629.35 — Arrest At Night; When Permissible.
Section 629.355 — Peace Officer Authority To Detain Person On Conditional Release.
Section 629.36 — Permitting Bystander To Deliver Arrested Person To Peace Officer.
Section 629.361 — Peace Officers Responsible For Custody Of Stolen Property.
Section 629.362 — Recaptured Escaped Inmate; Term Of Imprisonment.
Section 629.363 — Railway Conductor; Authority To Arrest.
Section 629.364 — Arrests For Swindling.
Section 629.365 — Definitions.
Section 629.366 — Theft In Business Establishments; Detaining Suspects.
Section 629.37 — When Private Person May Make Arrest.
Section 629.38 — Private Person To Disclose Cause Of Arrest.
Section 629.39 — Private Person Making Arrest To Deliver Arrestee To Judge Or Peace Officer.
Section 629.40 — Allowing Arrests Anywhere In State.
Section 629.401 — Delaying To Take Prisoner Before Judge.
Section 629.402 — Arrest Without Authority.
Section 629.403 — Refusal To Aid In Making Arrest.
Section 629.404 — Counties Or Municipalities Causing Arrest; Requiring Return Transportation.
Section 629.406 — Maintenance Of Booking Recordings.
Section 629.41 — Judges To Issue Process For Arrest.
Section 629.415 — Proceedings On Summons To Appear.
Section 629.45 — Proceedings In Case Of Bail Refusal.
Section 629.47 — Hearing Or Trial Adjourned; Recognizance Allowed.
Section 629.471 — Maximum Bail On Misdemeanors; Gross Misdemeanors.
Section 629.48 — Proceedings On Failure To Appear According To Bond.
Section 629.49 — When Person Fails To Recognize Apprehension Required.
Section 629.53 — Providing Release On Bail; Commitment.
Section 629.531 — Electronic Monitoring As Condition Of Pretrial Release.
Section 629.54 — Witness To Recognize.
Section 629.55 — Committal Of Witnesses Who Refuse To Recognize.
Section 629.58 — Proceedings Required When Person Under Bond Defaults; Paying Bond To Court.
Section 629.59 — Court To Forgive Bond Forfeiture Penalty.
Section 629.60 — Actions To Recover Under Recognizance Even If Technical Noncompliance.
Section 629.61 — Arrest Of Defaulter.
Section 629.62 — Application For Bail; Justification.
Section 629.63 — Surety Arrest Of Defendant.
Section 629.64 — Judge May Impose New Conditions Of Release On Defendant Who Violated Release.
Section 629.65 — Sheriff Fees.
Section 629.67 — Sureties On Bond, Recognizance, Or Undertaking; Affidavits Required.
Section 629.68 — Prohibiting Sureties To Make False Statements In Affidavits; Penalty.
Section 629.70 — Authorized Corporate Bonds And Recognizances.
Section 629.715 — Release In Cases Involving Crimes Against Persons; Surrender Of Firearms.
Section 629.725 — Notice To Victim Regarding Bail Hearing Of Arrested Or Detained Person.
Section 629.73 — Notice To Crime Victim; Release Of Arrested Or Detained Person.
Section 629.735 — Notice To Local Law Enforcement Agency; Release Of Arrested Or Detained Person.