25 CFR 11.301

§ 11.301 Arrests.

United States · 25 CFR — Indians · Status: effective

Cite this

Citation: 25 CFR 11.301, § 11.301 Arrests, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/103500
Permanent ID: ys:prov:103500@1
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Full text

(a) Arrest is the taking of a person into police custody in order that he or she may be held to answer for a criminal offense. (b) No law enforcement officer shall arrest any person for a criminal offense except when: (1) The officer shall have a warrant signed by a magistrate commanding the arrest of such person, or the officer knows for a certainty that such a warrant has been issued; or (2) The offense shall occur in the presence of the arresting officer; or (3) The officer shall have probable cause to believe that the person arrested has committed an offense.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.