---
kind: "section"
citation: "25 C.F.R. § 11.301"
title: "25"
number: "11.301"
heading: "Arrests."
url: "https://uscodex.org/cfr/25/11.301"
---

# §11.301. Arrests.

- (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.

## Notes

### Authority

Authority: 5 U.S.C. 301; R.S. 463, 25 U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208, 25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.

### Source

Source: 58 FR 54411, Oct. 21, 1993, unless otherwise noted.