CHAPTER 402

ARREST, WARRANT AND SUMMONS

402.01                         Arrest

Subdivision 1. An arrest is the taking of a person into police custody in order that the person may be held to answer for a criminal offense.

Subdivision 2.            No law enforcement officer shall arrest any person for a criminal offense unless:

      a)              A judge has signed a Warrant commanding the arrest of such person, and the                         arresting officer has the warrant in his possession or knows for a certainty that                         such a warrant has been issued; or

      b)              The offense shall occur in the presence of the arresting officer; and

      c)              The arresting officer shall have probable cause to believe that the person arrested                         committed the offense and the arresting officer does not have a reasonable        opportunity to obtain an arrest warrant.

402.02                         Notification of Rights at Time of Arrest

Upon arrest the Defendant shall be advised immediately of the following rights:

      a)              That he has the right to remain silent;

      b)              That any statement made by him/her may be used against him/her in court;

      c)              That he has the right to counsel at his own expense; and if he can't afford to pay                         for the services of counsel then one will be appointed;

      d)              That he has the right to make at least one completed telephone call immediately                         after being registered and identified at the jail, or sooner if there is an unreasonable                         delay in taking the accused to jail or in processing at the jail.

402.03                         Warrants

Subdivision 1.            A warrant of arrest is an order in writing signed by a judge of the Court directing or commanding the arrest of the defendant. A judge of the Court shall have the authority to issue and shall issue warrants to arrest if the judge finds, from the written facts set forth in the complaint, that there is probable cause to believe that an offense has been committed and that the defendant committed the offense. A warrant for the arrest of the defendant shall be issued to the Red Lake Police Department.

Subdivision 2.            The arrest warrant shall contain the following information:

      a)              Name or description and address, if known, of the person to be arrested; and

      b)              Date of issuance of the warrant; and

      c)              Description of the offense charged; and

      d)              Signature of the issuing judge.

Subdivision 3.            The warrant shall be executed for the arrest of the defendant to secure the defendant's prompt appearance before the Court.

Subdivision 4.            The warrant may be executed at any place within the boundaries of the Red Lake Indian Reservation.

402.04                         Summons

Subdivision 1.            A law enforcement officer or a judge, in lieu of a warrant, may issue a summons which shall command the accused to appear before the Court at a stated time and place for the purpose of answering the charge. If the offense is punishable by a fine only, the Clerk or Deputy Clerk of Court may also issue the summons. When the offense is punishable by a fine only, in petty misdemeanor and misdemeanor cases, a summons shall be issued in lieu of a warrant. In all other petty misdemeanor and misdemeanor cases, a summons shall be issued rather than a warrant unless it reasonably appears that there is a substantial likelihood that the defendant will fail to respond to a summons. If a defendant fails to appear in response to a summons, a warrant shall be issued.

Subdivision 2.            The summons shall contain the following information:

      a)              The summons shall contain the same information as a warrant, except that it may                         be signed by a police officer; and

      b)              The summons shall state that if a defendant fails to appear in response to a        summons, a warrant for arrest shall be issued.

Subdivision 3.            The summons may be served at any place within the Red Lake Reservation. Discretion shall be used by the police officers when serving a summons at a public place to avoid any embarrassment to the accused.