Hersey, 041593 MNAGO, AGO 494a-1
Case Date | April 15, 1993 |
Court | Minnesota |
A peace officer, constable, or part-time peace officer who is authorized under paragraphs (a) or (b) to make an arrest without a warrant may do so under the following circumstances:
(1) when a public offense has been committed or attempted in the officer's or constable's presence.(Emphasis added.) Once a lawful warrantless misdemeanor arrest has been made, a citation may be issued in lieu of custodial arrest. Minn. R. Crim. P. 6.01, subd. 1(1)(a) provides:
Law enforcement officers acting without a warrant, who have decided to proceed with prosecution, shall issue citations to persons subject to lawful arrest for misdemeanors, unless it reasonably appears to the officer that arrest or detention is necessary to prevent bodily...
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