KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

22-2401. Arrest by law enforcement officer. A law enforcement officer may arrest a person under any of the following circumstances:

(a) The officer has a warrant commanding that the person be arrested.

(b) The officer has probable cause to believe that a warrant for the person's arrest has been issued in this state or in another jurisdiction for a felony committed therein.

(c) The officer has probable cause to believe that the person is committing or has committed:

(1) A felony; or

(2) a misdemeanor, and the law enforcement officer has probable cause to believe that:

(A) The person will not be apprehended or evidence of the crime will be irretrievably lost unless the person is immediately arrested;

(B) the person may cause injury to self or others or damage to property unless immediately arrested; or

(C) the person has intentionally inflicted bodily harm to another person.

(d) Any crime, except a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the person in the officer's view.

History: L. 1970, ch. 129, § 22-2401; L. 1984, ch. 127, § 2; L. 1984, ch. 39, § 37; L. 1996, ch. 214, § 29; July 1.

Cross References to Related Sections:

Issuance of written traffic citation at scene of traffic accident, see 8-2109.

Law Review and Bar Journal References:

"Notes on the Code of Criminal Procedure," Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 99 (1970).

"Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685 (1972).

Survey of criminal procedure, Cynthia Hartman, 15 W.L.J. 350, 352 (1976).

"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 417 (1979).

"Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 537, 538, 542, 564 (1983).

"The potential civil liability of law enforcement officers and agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).

"Criminal Procedure Survey of Recent Cases," 54 K.L.R. 983 (2005).

Criminal Procedure Survey, 55 K.L.R. 797 (2007).

"Criminal Law Survey," 56 K.L.R. 757 (2008).

"Ending Intimate Partner Homicide: A Call for Reform of Kansas Protective Order Statutes," Abigail Hall, 63 K.L.R. No. 5, 1087 (2015).

Attorney General's Opinions:

Jurisdiction of municipal law enforcement officers. 82-65.

Crimes affecting governmental functions; obstructing legal process or official duty. 82-273.

Sheriff; duties of sheriff and local police to enforce felonies. 82-274.

Sheriffs; deputies. 83-136.

University police officers; power and authority; jurisdiction. 91-102.

Domestic violence calls; written policies; arrest required. 92-94.

Arrest; domestic violence calls; written policies adopted by law enforcement agencies. 93-50.

Authority of tribal law enforcement officers to enforce state law on Indian reservations. 94-152.

Territorial limits of law enforcement authority of wildlife conservation officers. 96-82.

Assistance by state officials on federal property; coverage under Kansas Tort Claims Act. 2002-7.

Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39.

CASE ANNOTATIONS

1. Mentioned; reasonable suspicion required under K.S.A. 22-2402 does not rise to level of probable cause required hereunder. State v. Jackson, 213 Kan. 219, 225, 515 P.2d 1108.

2. Applied; arrest lawfully made; reasonable belief party committed felony. State v. Giddings, 216 Kan. 14, 17, 531 P.2d 445.

3. Arrest valid; probable cause to believe felony warrant issued in another jurisdiction. State v. Van Buren, 217 Kan. 182, 183, 535 P.2d 456.

4. Tests applied in determining that officer had probable cause to arrest defendant without warrant; conviction upheld. State v. Curtis, 217 Kan. 712, 720, 721, 538 P.2d 1383.

5. Exigent circumstances must exist before arrest may be made for possession of marijuana. State v. Schur, 217 Kan. 741, 747, 538 P.2d 689.

6. Subsection (c) (1) discussed; facts collectively available to officers in a coordinated investigation held sufficient to form probable cause to effect a warrantless arrest. State v. Clark, 218 Kan. 726, 731, 544 P.2d 1372.

7. Probable cause to make warrantless arrest; conviction of aggravated robbery affirmed. State v. Huff, 220 Kan. 162, 165, 551 P.2d 880.

8. On basis of evidence arrest was based on probable cause. State v. Brown, 220 Kan. 684, 685, 556 P.2d 443.

9. Cited; probable cause for arrest without warrant discussed. State v. Brocato, 222 Kan. 201, 203, 563 P.2d 470.

10. Applied; motion to suppress evidence on grounds of illegal arrest properly overruled. State v. Buckner, 223 Kan. 138, 141, 574 P.2d 918.

11. Existence of probable cause does not per se authorize forcible entry into a person's residence to make warrantless arrest; existence of exigent circumstances required. State v. Platten, 225 Kan. 764, 768, 594 P.2d 201.

12. Crime being committed in view of officers justifying warrantless search; conviction of marijuana possession affirmed. State v. Harrington, 2 Kan. App. 2d 592, 594, 585 P.2d 618.

13. Applied; arrest legal; conviction under K.S.A. 8-1567 and 21-3413 affirmed. State v. Miesbauer, 3 Kan. App. 2d 53, 54, 588 P.2d 953.

14. Applied; arrest for felony possession of cocaine lawful; probable cause based on reliable informant. State v. Hagan, 3 Kan. App. 2d 558, 562, 598 P.2d 550.

15. Provisions of K.S.A. 8-1001 become operative only after a person is arrested or otherwise taken into custody. State v. Williams, 4 Kan. App. 2d 651, 653, 610 P.2d 111 (1980).

16. Description of vehicle and suspect held sufficient basis of probable cause for warrantless arrest. State v. Niblock, 230 Kan. 156, 161, 631 P.2d 661 (1981).

17. Ample evidence to support a finding of probable cause for arrest. State v. Morgan, 231 Kan. 472, 475, 646 P.2d 1064 (1982).

18. Information from victim and doctor's report sufficient to justify warrantless arrest for rape and sodomy. State v. Marks, 231 Kan. 645, 648, 647 P.2d 1292 (1982).

19. Arrest lawful; probable cause for warrantless arrest based on statements of reliable citizen informer. State v. Walters, 8 Kan. App. 2d 237, 655 P.2d 947 (1983).

20. Under subsection (b), law enforcement officer may arrest when officer has probable cause to believe misdemeanor warrant issued in state. State v. Flummerfelt, 9 Kan. App. 2d 230, 675 P.2d 387 (1984).

21. Warrantless search of defendant's automobile passenger compartment and trunk incident to lawful arrest for DUI upheld. State v. Press, 9 Kan. App. 2d 589, 592, 598, 685 P.2d 887 (1984).

22. Arrest proper; defendant lacked proper identification and gave false name and address. State v. Latimer, 9 Kan. App. 2d 728, 730, 687 P.2d 648 (1984).

23. Arrest under (b) for misdemeanor or felony warrants issued in Kansas authorized. State v. Flummerfelt, 235 Kan. 609, 611, 617, 684 P.2d 347 (1984).

24. Arrest valid where officer has probable cause to believe arrest warrant has been issued. City of Bonner Springs v. Bey, 236 Kan. 661, 662, 694 P.2d 477 (1985).

25. Warrantless search while in custody in Kansas, with waiver and confession after arrest in Missouri, examined. State v. Peterson, 236 Kan. 821, 826, 696 P.2d 387 (1985).

26. Off-duty policeman/security officer must meet standards herein; merchant's privilege in K.S.A. 21-3424(3) inapplicable. Alvarado v. City of Dodge City, 10 Kan. App. 2d 363, 373, 702 P.2d 935 (1985).

27. Viability of informant information now viewed under totality of circumstances; corroborated by subsequent events in instant case. State v. Gardner, 10 Kan. App. 2d 408, 410, 411, 701 P.2d 703 (1985).

28. Burden is on state to justify warrantless arrest and admissibility of confession when challenged. State v. Strauch, 239 Kan. 203, 208, 718 P.2d 613 (1986).

29. Cited in dissent where majority held public duty doctrine inapplicable when police subject to guidelines or specific duty (K.S.A. 75-6101 et seq.). Fudge v. City of Kansas City, 239 Kan. 369, 387, 720 P.2d 1093 (1986).

30. Warrantless arrest with probable cause in public place (DUI) does not require prior judicial determination of probable cause. State v. Lieurance, 14 Kan. App. 2d 87, 90, 782 P.2d 1246 (1989).

31. Probable cause felony arrest or belief that warrant issued examined where delay could result in destruction of evidence. State v. McKessor, 246 Kan. 1, 5, 785 P.2d 1332 (1990).

32. Warrantless arrest for felony upon probable cause on person's home front porch no intrusion on expectation of privacy. State v. Riddle, 246 Kan. 277, 278, 281, 788 P.2d 266 (1990).

33. Justification for stop and frisk search, preservation of evidence as impermissible purpose, inevitable discovery exception to exclusionary rule examined. State v. Waddell, 14 Kan. App. 2d 129, 132, 784 P.2d 381 (1990).

34. Statute held applicable to arresting authority for municipal law officers in addition to authority in K.S.A. 12-4212. Griffin v. State, 14 Kan. App. 2d 803, 810, 799 P.2d 521 (1990). 246 Kan. 1, 5, 785 P.2d 1332 (1990).

35. Circumstances justifying nonarrest stop and search for dangerous weapons pursuant to stop examined. State v. Potter, 246 Kan. 119, 785 P.2d 989 (1990).

36. Discovery of marijuana plants in suspect's apartment during execution of search warrant supplied probable cause to arrest. State v. Dye, 250 Kan. 287, 298, 826 P.2d 500 (1992).

37. Cited in holding police owed no special duty to intoxicated bar patron permitted to leave and later found frozen to death nearby. Mills v. City of Overland Park, 251 Kan. 434, 447, 837 P.2d 370 (1992).

38. "Arrest" and "custody" defined; jurisdiction over defendant/inmate transferred from institution and arrested in another county examined. State v. Hammond, 251 Kan. 501, 510, 837 P.2d 816 (1992).

39. Whether police had authority to arrest plaintiff when he admitted he carried no driver's license examined. Fillmore v. Ordonez, 829 F. Supp. 1544, 1557 (1993).

40. Trial court ruling suppressing defendant's post-arrest statement as fruit of illegal arrest reversed. State v. Aikins, 261 Kan. 346, 355, 357, 932 P.2d 408 (1997).

41. DUI warrantless arrest probable cause review is mixed law and fact question; dependent on officer's factual basis for conclusion. City of Dodge City v. Norton, 262 Kan. 199, 204, 936 P.2d 1356 (1997).

42. Probable cause for arrest existed; record sufficient to support officer's belief guilt more than a possibility. City of Dodge City v. Hadley, 262 Kan. 234, 245, 936 P.2d 1347 (1997).

43. No probable cause for warrantless arrest based on misdemeanor charge. Key v. Hein, Ebert & Weir, Chtd., 265 Kan. 124, 960 P.2d 746 (1998).

44. Arresting officer had probable cause to arrest defendant prior to performing field sobriety test. Campbell v. Kansas Dept. of Revenue, 25 Kan. App. 2d 430, 431, 962 P.2d 1150 (1998).

45. Probable cause existed to make warrantless arrest. State v. Wakefield, 267 Kan. 116, 132, 977 P.2d 941 (1999).

46. Although Wichita police officers violated state law in going outside their jurisdiction to obtain a search warrant and execute it in an adjacent county, no federal constitutional violation found. U.S. v. Green, 178 F.3d 1099, 1106 (10 th Cir. 1999).

47. Facts did not justify application of emergency doctrine exception to validate search warrant. State v. Mendez, 275 Kan. 412, 66 P.3d 811 (2003).

48. Defendant lawfully arrested. State v. Vandevelde, 36 Kan. App. 2d 262, 269, 138 P.3d 771 (2006).

49. Cited in case involving unlawful arrest and unlawful search; conviction reversed. State v. Wagner, 39 Kan. App. 2d 279, 286, 179 P.3d 1149 (2008).

50. Cited; arresting officer not required to have physical possession of arrest warrant. State v. Edwards, 39 Kan. App. 2d 300, 303, 179 P.3d 472 (2008).

51. Discussed; K.S.A. 40-3104 permits a law enforcement officer to arrest or issue a citation to individuals violating K.S.A. 40-3104. State v. Cox, 41 Kan. App. 2d 833, 206 P.3d 54 (2009).

52. Warrantless arrest made on the porch is constitutional under the facts of case. State v. King, 293 Kan. 1057, 274 P.3d 599 (2012).

53. City police officers were authorized to conduct controlled drug purchase in neighboring city under the request for assistance exception to requirement that officers exercise duties within their city of employment. State v. Vrabel, 49 Kan. App. 2d 61, 305 P.3d 35 (2013).

54. Statutory language does not require "genuine need" by a host jurisdiction's law enforcement when a request is made for assistance to foreign jurisdictions. State v. Robinson, 303 Kan. 11, 122, 363 P.3d 875 (2015).


 | Next

LEGISLATIVE COORDINATING COUNCIL
  6/03/2024 Meeting Notice 

  LCC Policies

REVISOR OF STATUTES
  2023 New, Amended and Repealed by KSA
  2023 New, Amended and Repealed by Bill
  2024 Valid Section Numbers
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

USEFUL LINKS
Session Laws

OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department