Minnesota Statutes 626.71 – Fresh Pursuit in Nonfelony Situations
Subdivision 1.Definitions.
As used in this section:
Terms Used In Minnesota Statutes 626.71
- Arrest: Taking physical custody of a person by lawful authority.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(1) “fresh pursuit” means fresh pursuit as defined by the common law and includes the pursuit of a person who has committed or is reasonably believed to have committed a violation in the presence of the peace officer. Fresh pursuit does not necessarily imply instant pursuit, but pursuit without unreasonable delay;
(2) “peace officer” means a member of a duly organized state, county, or municipal law enforcement unit; and
(3) “violation” includes gross misdemeanors, misdemeanors, and traffic violations.
Subd. 2.Fresh pursuit authority.
A peace officer of another state who enters this state while on duty and in fresh pursuit, and who continues in fresh pursuit, of a person in order to arrest the person for a violation committed in the peace officer’s presence, has the same authority to arrest and hold the person in custody as has any peace officer of this state if reciprocal fresh pursuit authority for that type of violation is extended to Minnesota peace officers by the pursuing officer’s state.