Page:1862-63 Territory of Dakota Session Laws.pdf/106

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CRIMINAL CODE.
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night, unless upon the direction of the magistrate indorsed upon the warrant.

Arrest for felony or misdemeanor, how made. Sec. 5. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer.

Defendant how to be restrained. Sec. 6. The defendant is not to be subjected to any more restraint than is necessary for his arrest and detention.

Officer must inform defendant that he acts under authority. Sec. 7. The officer must inform the defendant that he acts under the authority of the warrant, and must also show the warrant if required.

Officer may use necessary force. Sec. 8. 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 outer door to make arrest. Sec. 9. The officer may break open an inner or outer door, or window of a dwelling house, to execute the warrant, if after notice of his authority and purpose he be refused admittance.

Officer may break outer door to make arrest. Sec. 10. An officer may break open an inner or outer 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.

When officer may arrest person without warrant. Sec. 11. A peace officer may, without a warrant, arrest a person:

1. For a public offense committed or attempted in his presence.

2. When a 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 tie party arrested.

Officer may break open door. Sec. 12. 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.

Arrests may be made at night. Sec. 13. He may also at night, without a warrant, arrest any person whom he has reasonable cause for believing to

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