1. Except as otherwise specifically provided, a law enforcement officer may arrest without a warrant: A. Any person who the officer has probable cause to believe has committed or is committing: (1) Murder; (2) Any Class A, Class B or Class C crime; (3) Assault while hunting; (4) Any offense defined in chapter 45; (5) Assault, criminal threatening, terrorizing or stalking, if the officer reasonably believes that the person may cause injury to others unless immediately arrested; (5-A) Assault, criminal threatening, terrorizing, stalking, criminal mischief, obstructing the report of a crime or injury or reckless conduct if the officer reasonably believes that the person and the victim are family or household members, as defined in Title 19-A, section 4102, subsection 6 or dating partners as defined in Title 19-A, section 4102, subsection 4; (5-B) Domestic violence assault, domestic violence criminal threatening, domestic violence terrorizing, domestic violence stalking or domestic violence reckless conduct; (6) Theft as defined in section 357, when the value of the services is $1,000 or less if the officer reasonably believes that the person will not be apprehended unless immediately arrested; (7) Forgery, if the officer reasonably believes that the person will not be apprehended unless immediately arrested; (8) Negotiating a worthless instrument if the officer reasonably believes that the person will not be apprehended unless immediately arrested; (9) A violation of a condition of probation when requested by a probation officer or juvenile community corrections officer; (10) Violation of a condition of release in violation of Title 15, section 1026, subsection 3; Title 15, section 1027, subsection 3; Title 15, section 1051, subsection 2; and Title 15, section 1092; (11) Theft involving a detention under Title 17, section 3521; (12) Harassment, as set forth in section 506-A; (13) Violation of a protection order, as specified in Title 5, section 4659, subsection 2; Title 15, section 321, subsection 6; former Title 19, section 769, subsection 2; former Title 19, section 770, subsection 5; Title 19-A, former section 4011, subsection 3; Title 19-A, former section 4012, subsection 5; Title 19-A, section 4113, subsection 3; and Title 19-A, section 4114, subsection 5; (14) A violation of a sex offender registration provision under Title 34-A, chapter 15; (15) A violation of a requirement of administrative release when requested by the attorney for the State; (16) A violation of a condition of supervised release for sex offenders when requested by a probation officer; (17) A violation of a court-imposed deferment requirement of a deferred disposition when requested by the attorney for the State; (18) A violation of a condition of release as provided in Title 15, section 3203-A, subsection 9; (19) A violation of a condition of supervised community confinement granted pursuant to Title 34-A, section 3036-A when requested by a probation officer; (20) A violation of a condition of placement on community reintegration status granted pursuant to Title 34-A, section 3810 and former section 4112 when requested by a juvenile community corrections officer; (21) A violation of a condition of furlough or other rehabilitative program authorized under Title 34-A, section 3035 when requested by a probation officer or juvenile community corrections officer; (22) A violation of preconviction or post-conviction bail pursuant to Title 15, section 1095, subsection 2 or section 1098, subsection 2 upon request of the attorney for the State; (23) Failure to appear in violation of Title 15, section 1091, subsection 1, paragraph A; (24) A Class D or Class E crime committed while released on preconviction or post-conviction bail; (25) A violation of a condition of release from a community confinement monitoring program pursuant to Title 30-A, section 1659-A; or (26) A violation of an extreme risk protection order issued pursuant to Title 25, section 2244, subsection 3 or an emergency extreme risk protection order pursuant to Title 25, section 2245, subsection 2; and [IB 2025, c. 1, §§3-5 (AMD).] B. Any person who has committed or is committing in the officer's presence any Class D or Class E crime. [PL 1995, c. 680, §3 (RPR).] [IB 2025, c. 1, §§3-5 (AMD).] 2. For the purposes of subsection 1, paragraph B, criminal conduct has been committed or is being committed in the presence of a law enforcement officer when one or more of the officer's senses afford that officer personal knowledge of facts that are sufficient to warrant a prudent and cautious law enforcement officer's belief that a Class D or Class E crime is being or has just been committed and that the person arrested has committed or is committing that Class D or Class E crime. An arrest made pursuant to subsection 1, paragraph B must be made at the time of the commission of the criminal conduct, or some part thereof, or within a reasonable time thereafter or upon fresh pursuit. [PL 1995, c. 680, §3 (RPR).]
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