| Anoka County Attorney Training Update
April 2000 |
A
RESERVE DEPUTIES@DO
=S AND DON=TS:(ARESERVE DEPUTIES,@ for purposes of this update, are defined as a volunteer for a law enforcement agency, who wears a uniform, travels in a marked vehicle and performs duties such as patrolling waterways. AReserve Deputies@ are NOT licensed peace officers.)
Minnesota Statutes provide that an arrest may be made by a Apeace officer@ with or without a warrant. However, the Minnesota Court of Appeals recently held that the term Apeace officer,@ for purposes of Minn.Stat. 629.30, only includes a peace officer licensed by the Minnesota Board of Peace Officer Standards and Training.
Minnesota Statutes also provide that an arrest may be made by a Aprivate person.@ Remember, a private person needs probable cause to arrest and may only arrest for an offense committed in their presence or when the person arrested has committed a felony.
The Minnesota Court of Appeals recently held that the arrest authority granted to a private person under Minnesota Statutes DOES NOT include authority to detain a suspect to determine whether there is probable cause to make an arrest.
EXAMPLE FACT SCENARIO
:Anoka County Sheriff=s Office Reserve Deputies, (in uniform, in a boat marked AACSO@) observe a person violating a Aquiet waters ordinance@ on a lake. Reserve Deputies stop that person to cite them for the ordinance violation. While writing the citation, the Reserve Deputies begin to suspect that the person is boating while intoxicated (ABWI@). In this fact scenario:
1. The reserve deputies DO NOT have authority to arrest this person for BWI under statutory authority granted to peace officers.
2. The reserve deputies DO have authority to arrest for BWI, as a private person, IF they have probable cause.
3. The reserve deputies DO NOT have authority to detain this person for purposes of determining if there is probable cause for BWI. For example, the reserve deputies COULD NOT detain the person to give him a PBT or any field sobriety tests to help determine probable cause for BWI.
Sean Gibbs, Assistant Anoka County Attorney
The Anoka County Attorney Training Updates are published and distributed monthly as a public service to more than 350 Minnesota law enforcement agencies and individuals. Any questions, comments or suggestions on training topics should be directed to Sean C. Gibbs, Assistant Anoka County Attorney at 612-323-5632 or e-mail SCGibbs@Co.Anoka.MN.US or Nancy Jones Norman, Assistant Anoka County Attorney at 612-323-5626 or e-mail at NJNorman@Co.Anoka.MN.US, Government Center, 2100 Third Avenue, Anoka, MN 55303-2265.