Section 140.25. Arrest without a warrant; by peace officer  


Latest version.
  • 1.  A peace officer, acting pursuant to his special duties, may arrest
      a person for:
        (a)    Any  offense  when he has reasonable cause to believe that such
      person has committed such offense in his presence; and
        (b)  A crime when he has reasonable cause to believe that such  person
      has committed such crime, whether in his presence or otherwise.
        2.  A peace officer acts "pursuant to his special duties" in making an
      arrest only when the arrest is for:
        (a)    An  offense  defined  by a statute which such peace officer, by
      reason of the specialized nature of  his  particular  employment  or  by
      express provision of law, is required or authorized to enforce; or
        (b)    An offense committed or reasonably believed by him to have been
      committed in such manner or place as to render arrest of the offender by
      such peace officer under the particular circumstances an  integral  part
      of his specialized duties.
        3.    A  peace  officer,  whether  or not he is acting pursuant to his
      special duties, may arrest a person for an offense committed or believed
      by him to have been committed within the geographical area of such peace
      officer's employment, as follows:
        (a)  He may arrest such person for any offense when such person has in
      fact committed such offense in his presence; and
        (b)  He may arrest such person for a felony  when  he  has  reasonable
      cause  to believe that such person has committed such felony, whether in
      his presence or otherwise.
        4.   A peace officer,  when  outside  the  geographical  area  of  his
      employment,  may,  anywhere  in  the state, arrest a person for a felony
      when he has reasonable cause to  believe  that  such  person  has  there
      committed such felony in his presence, provided that such arrest is made
      during or immediately after the allegedly criminal conduct or during the
      alleged perpetrator's immediate flight therefrom.
        5.    For  the  purposes  of  this  section, the "geographical area of
      employment" of a peace officer is as follows:
        (a)   The "geographical area  of  employment"  of  any  peace  officer
      employed  as  such  by  any  agency  of the state consists of the entire
      state;
        (b)   The "geographical area  of  employment"  of  any  peace  officer
      employed  as  such  by  an  agency  of  a  county, city, town or village
      consists of (i) such county, city, town or village, as the case may  be,
      and  (ii)  any  other place where he is, at a particular time, acting in
      the course of his particular duties or employment;
        (c) The  "geographical  area  of  employment"  of  any  peace  officer
      employed  as  such  by any private organization consists of any place in
      the state where he is, at a particular time, acting in the course of his
      particular duties or employment.