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8-2104. When person to be taken before judge of district court; arrest at discretion of officer, when; traffic citation only in certain cases. (a) When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto, if:

(1) Such person demands an immediate appearance before a judge; or

(2) such person is to be charged with a violation of K.S.A. 8-1567 and 8-1568, and amendments thereto.

(b) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a misdemeanor, and is not required to be taken before a judge of the district court as provided in subsection (a), the person, in the discretion of the law enforcement officer, may be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.

(c) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a traffic infraction, and is not required to be taken before a judge of the district court as provided in subsection (a), the person shall not be taken before a judge of the district court.

(d) When any person is stopped by a law enforcement officer and is to be charged with violation of any statute defining a traffic violation which is a felony, the person shall be taken without unnecessary delay before a judge of the district court as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.

History: L. 1974, ch. 33, § 8-2104; L. 1976, ch. 145, § 32; L. 1984, ch. 39, § 21; L. 1988, ch. 50, § 1; L. 1991, ch. 43, § 1; July 1.

Source or prior law:

8-5,127a.

Law Review and Bar Journal References:

Prior law (K.S.A. 8-5,127a); "Searches Incident to a Lawful Arrest," Keith G. Meyer, 41 J.B.A.K. 365, 395 (1972).

"Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 412 (1979).

Attorney General's Opinions:

Arrest by law enforcement officer from another jurisdiction; uniform law of fresh pursuit. 87-80.

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

Failure to comply with traffic citation; amount of reinstatement fee when charges are in alternative. 97-48.

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

CASE ANNOTATIONS

1. Cited; prosecution for DUI (K.S.A. 8-1567) commencing only by filing complaint or information examined. State v. Fraker, 12 Kan. App. 2d 259, 260, 739 P.2d 940 (1987).

2. Cited; requirement of verified complaint to commence prosecution for DUI (K.S.A. 8-1567) and certain other violations examined. State v. Fraker, 242 Kan. 466, 467, 748 P.2d 868 (1988).

3. DUI prosecution under chapter 12 of K.S.A. for violation of municipal ordinance as not requiring verified complaint examined. City of Tonganoxie v. Jack, 13 Kan. App. 2d 718, 720, 779 P.2d 34 (1989).

4. Accused, when promptly bonded, suffers no prejudice from not being taken immediately before judge. State v. Lieurance, 14 Kan. App. 2d 87, 89, 782 P.2d 1246 (1989).

5. What constitutes a "traffic offense" as defined in K.S.A. 8-2117(d) examined; driving with suspended license (K.S.A. 8-262) held not within definition. State v. Frazier, 248 Kan. 963, 967, 811 P.2d 1240 (1991).

6. Strip search of arrestee accused of traffic offense found unreasonable. Allen v. Board of Comm'rs of County of Wyandotte, 773 F. Supp. 1442 (1991).

7. Whether police should have released defendant after requiring him to sign traffic violation examined. Fillmore v. Ordonez, 829 F. Supp. 1544, 1557 (1993).

8. When a person is stopped by law enforcement for felonious traffic offenses, law enforcement has a legal duty to take the offender into custody and bring such offender before a judge; the officer conducting the stop has no discretion whether to take the offender into custody. Univ. of Kansas Hosp. Auth. v. Bd. of Cnty. Comm'rs of Franklin Cnty., 58 Kan. App. 2d 367, 378, 468 P.3d 806 (2020), rev. granted (Nov. 20, 2020).


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