25 CFR § 11.301 - Arrests.

---
identifier: "/us/cfr/t25/s11.301"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 11.301 - Arrests."
title_number: 25
title_name: "Indians"
section_number: "11.301"
section_name: "Arrests."
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "LAW AND ORDER"
part_number: "11"
part_name: "COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "58 FR 54411, Oct. 21, 1993, unless otherwise noted."
cfr_part: "11"
---


# 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.