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22-2401a. Jurisdiction of certain law enforcement officers; tribal law enforcement agency, liability insurance required, when; exercise of powers and authority of law enforcement officers. (a) (1) Law enforcement officers employed by consolidated county law enforcement agencies or departments and sheriffs and their deputies may exercise the powers and authority of law enforcement officers anywhere within their county.

(2) Law enforcement officers employed by any city may exercise the powers and authority of law enforcement officers anywhere within the city limits of the city employing them and outside of such city when on property owned or under the control of such city.

(b) (1) Law enforcement officers employed by a Native American Indian Tribe may exercise the powers and authority of law enforcement officers anywhere within the exterior limits of the reservation of the tribe employing such tribal law enforcement officer, subject to the following:

(A) The provisions of this paragraph shall be applicable only as long as such Native American Indian Tribe maintains in force a valid and binding agreement with an insurance carrier to provide liability insurance coverage for damages arising from the acts, errors or omissions of such tribal law enforcement agency or officer while acting pursuant to this section and waives its tribal immunity, as provided in paragraph (2), for any liability for damages arising from the acts, errors or omissions of such tribal law enforcement agency or officer while acting pursuant to this section. Such insurance policy shall: (i) (a) Be in an amount not less than $500,000 for any one person and $2,000,000 for any one occurrence for personal injury and $1,000,000 for any one occurrence for property damage; (b) be in an amount not less than $2,000,000 aggregate loss limit; and (c) carry an endorsement to provide coverage for mutual aid assistance; and (ii) include an endorsement providing that the insurer may not invoke tribal sovereign immunity up to the limits of the policy set forth herein. Any insurance carrier providing to a tribe the liability insurance coverage described in this subsection shall certify to the attorney general that the tribe has in effect coverage which complies with the requirements of this subsection. Such carrier shall notify the attorney general immediately by first class mail if for any reason such coverage terminates or no longer complies with the requirements of this subsection.

(B) The provisions of this paragraph shall be applicable only if such Native American Indian Tribe has filed with the county clerk a map clearly showing the boundaries of the tribe's reservation as defined in this section.

(2) If a claim is brought against any tribal law enforcement agency or officer for acts committed by such agency or officer while acting pursuant to this section, such claim shall be subject to disposition as if the tribe was the state pursuant to the Kansas tort claims act, provided that such act shall not govern the tribe's purchase of insurance. The tribe shall waive its sovereign immunity solely to the extent necessary to permit recovery under the liability insurance, but not to exceed the policy limits.

(3) Nothing in this subsection shall be construed to prohibit any agreement between any state, county or city law enforcement agency and any Native American Indian Tribe.

(4) Nothing in this subsection shall be construed to affect the provision of law enforcement services outside the exterior boundaries of reservations so as to affect in any way the criteria by which the United States department of the interior makes a determination regarding placement of land into trust.

(5) Neither the state nor any political subdivision of the state shall be liable for any act or failure to act by any tribal law enforcement officer.

(c) University police officers employed by the chief executive officer of any state educational institution or municipal university may exercise the powers and authority of university police officers:

(1) On property owned, occupied or operated by the state educational institution or municipal university, by a board of trustees of the state educational institution, an endowment association, an affiliated corporation, an athletic association, a fraternity, sorority or other student group associated with the state educational institution or municipal university or at the site of a function or academic program sponsored by the state educational institution or municipal university;

(2) on the streets, property and highways immediately adjacent to and coterminous with the property described in paragraph (1);

(3) within the city or county where property described in paragraph (1) or (2) is located, as necessary to protect the health, safety and welfare of students and faculty of the state educational institution or municipal university, with appropriate agreement by the local law enforcement agencies. Such agreements shall include provisions defining the geographical scope of the jurisdiction conferred, circumstances requiring the extended jurisdiction, scope of law enforcement powers and duration of the agreement. Any agreement entered into pursuant to this provision shall be approved by the governing body of the city or county, or both, having jurisdiction where such property is located, and the chief executive officer of the state educational institution or municipal university involved before such agreement may take effect;

(4) additionally, when there is reason to believe that a violation of a state law, a county resolution, or a city ordinance has occurred on property described in paragraph (1) or (2), such officers with appropriate notification of, and coordination with, local law enforcement agencies or departments, may investigate and arrest persons for such a violation anywhere within the city where such property, streets and highways are located. Such officers also may exercise such powers in any other place when in fresh pursuit of a person. University police officers shall also have authority to transport persons in custody to an appropriate facility, wherever it may be located. University police officers at the university of Kansas medical center may provide emergency transportation of medical supplies and transplant organs; and

(5) additionally, pursuant to a written agreement between the university of Kansas hospital authority and the university of Kansas medical center, university police officers employed by the university of Kansas medical center may exercise their powers as law enforcement officers on property owned, occupied or operated by the university of Kansas healthcare system or university of Kansas hospital authority as authorized by this section and K.S.A. 76-726 and 76-3314, and amendments thereto.

(d) (1) In addition to the areas where law enforcement officers may exercise the powers and authority of law enforcement officers pursuant to subsection (a)(2), law enforcement officers of any jurisdiction within Johnson or Sedgwick county may exercise the powers and authority of law enforcement officers in any area within the respective county when executing a valid arrest warrant or search warrant, to the extent necessary to execute such warrants.

(2) In addition to the areas where law enforcement officers may exercise the powers and authority of law enforcement officers pursuant to subsection (a)(2), law enforcement officers of any jurisdiction within Johnson county may exercise the powers and authority as law enforcement officers in any adjoining city within Johnson county when any crime, including a traffic infraction, has been or is being committed by a person in view of the law enforcement officer. A law enforcement officer shall be considered to be exercising such officer's powers pursuant to subsection (a)(2), when such officer is responding to the scene of a crime, even if such officer exits the city limits of the city employing the officer and further reenters the city limits of the city employing the officer to respond to such scene.

(e) Campus police officers employed by a community college or school district may exercise the powers and authority of law enforcement officers anywhere:

(1) On property owned, occupied or operated by the school district or community college or at the site of a function sponsored by the school district or community college;

(2) on the streets, property and highways immediately adjacent to and coterminous with property described in paragraph (1);

(3) within the city or county where property described in paragraph (1) or (2) is located, as necessary to protect the health, safety and welfare of students and faculty of the school district or community college, with appropriate agreement by local law enforcement agencies. Such agreements shall include provisions, defining the geographical scope of the jurisdiction conferred, circumstances requiring the extended jurisdiction, scope of law enforcement powers and duration of the agreement. Before any agreement entered into pursuant to this section shall take effect, it shall be approved by the governing body of the city or county, or both, having jurisdiction where such property is located, and the board of education or board of trustees involved; and

(4) with appropriate notification of and coordination with local law enforcement agencies, within the city or county where property described in paragraph (1) or (2) is located, when there is reason to believe that a violation of a state law, county resolution or city ordinance has occurred on such property, as necessary to investigate and arrest persons for such a violation.

(f) TAG law enforcement officers employed by the adjutant general may exercise the powers and authority of law enforcement officers anywhere:

(1) On property owned or under the control of the Kansas national guard or any component under the command of the adjutant general;

(2) on the streets, property and highways immediately adjacent to property owned or under the control of the Kansas national guard;

(3) within the city or county where property described in paragraph (1) or (2) is located, as necessary to protect such property; or to protect the health, safety and welfare of members of the national guard, reserve or employees of the United States department of defense, the United States department of homeland security or any branch of the United States military, with appropriate agreement by the local law enforcement agencies. Such agreements shall include provisions defining the geographical scope of the jurisdiction conferred, circumstances requiring the extended jurisdiction, scope of law enforcement powers and duration of the agreement. Any agreement entered into pursuant to this provision shall be approved by the governing body of the city or county, or both, having jurisdiction where such property is located, and the adjutant general before such agreement may take effect; and

(4) additionally, when there is reason to believe that a violation of a state law, a county resolution or a city ordinance has occurred on property described inparagraph (1) or (2), after providing appropriate notification to, and coordination with, local law enforcement agencies or departments, such officers may investigate and arrest persons for such a violation anywhere within the city or county where such property, streets and highways are located.

(g) Horsethief reservoir benefit district law enforcement officers may exercise the powers and authority of law enforcement officers anywhere:

(1) On property owned, occupied or operated by the benefit district or at the site of a function sponsored by the benefit district;

(2) on the streets, property and highways immediately adjacent to and coterminous with property described in paragraph (1);

(3) within the city or county where property described in paragraph (1) or (2) is located, as necessary to protect the health, safety and welfare of benefit district employees, board members, volunteers and visitors, with appropriate agreement by local law enforcement agencies. Such agreements shall include provisions defining the geographical scope of the jurisdiction conferred, circumstances requiring the extended jurisdiction, scope of law enforcement powers and duration of the agreement. Before any agreement entered into pursuant to this section shall take effect, it shall be approved by the governing body of the city or county, or both, having jurisdiction where such property is located, and the governing board of the horsethief reservoir benefit district; and

(4) with appropriate notification of and coordination with local law enforcement agencies, within the city or county where property described in paragraph (1) or (2) is located, when there is reason to believe that a violation of a state law, county resolution or city ordinance has occurred on such property, as necessary to investigate and arrest persons for such a violation.

(h) All law enforcement officers not otherwise provided statewide jurisdiction may exercise the powers and authority of law enforcement officers anywhere when:

(1) A request for assistance has been made by law enforcement officers from the area for which assistance is requested;

(2) in fresh pursuit of a person;

(3) transporting persons in custody to an appropriate facility, wherever such facility may be located; and

(4) investigating a crime that occurred within the law enforcement officer's jurisdiction, with appropriate notification to and coordination with a local law enforcement agency with jurisdiction where the investigation is to be conducted.

(i) In addition to the jurisdictional authority provided in this section and any other provision of law, all law enforcement officers may exercise the powers and authority of law enforcement officers when outside their described jurisdiction and when an activity is observed leading the officer to reasonably suspect a person is committing, has committed or is about to commit a crime and reasonably believe that a person is in imminent danger of death or bodily injury without immediate action, subject to the following:

(1) The officer is in an on-duty status, traveling in a law enforcement vehicle to or from work or traveling to a training or law enforcement function outside their jurisdiction;

(2) the officer reports the activity and their actions to a law enforcement agency with jurisdiction;

(3) the officer remains at the location of the activity and cooperates with officers responding from the jurisdiction of occurrence;

(4) the officer is in uniform or otherwise properly identified as a law enforcement officer; and

(5) the agency employing the officer may impose additional restrictions through written policies.

(j) As used in this section:

(1) "Law enforcement officer" means: (A) Any law enforcement officer as defined in K.S.A. 74-5602, and amendments thereto, who is employed by a law enforcement agency described in this section; or (B) any tribal law enforcement officer who is employed by a Native American Indian Tribe and has completed successfully the initial and any subsequent law enforcement training required under the Kansas law enforcement training act.

(2) "University police officer" means a police officer employed by the chief executive officer of: (A) Any state educational institution under the control and supervision of the state board of regents; or (B) a municipal university.

(3) "Campus police officer" means a school security officer designated as a campus police officer pursuant to K.S.A. 72-6146, and amendments thereto.

(4) "Fresh pursuit" means pursuit, without unnecessary delay, of a person who has committed a crime, or who is reasonably suspected of having committed a crime.

(5) "Native American Indian Tribe" means the Prairie Band Potawatomi Nation, Kickapoo Tribe in Kansas, Sac and Fox Nation of Missouri and the Iowa Tribe of Kansas and Nebraska.

(6) "Reservation" means:

(A) With respect to the Iowa Tribe of Kansas and Nebraska, the reservation established by treaties with the United States concluded May 17, 1854, and March 6, 1861;

(B) with respect to the Kickapoo Nation, the reservation established by treaty with the United States concluded June 28, 1862;

(C) with respect to the Prairie Band Potawatomi Nation in Kansas, the reservation established by treaties with the United States concluded June 5, 1846, November 15, 1861, and February 27, 1867; and

(D) with respect to the Sac and Fox Nation of Missouri in Kansas and Nebraska: (i) The reservation established by treaties with the United States concluded May 18, 1854, and March 6, 1861, and by acts of Congress of June 10, 1872 (17 Stat. 391), and August 15, 1876 (19 Stat. 208); and (ii) the premises of the gaming facility established pursuant to the gaming compact entered into between such nation and the state of Kansas, and the surrounding parcel of land held in trust which lies adjacent to and east of U.S. Highway 75 and adjacent to and north of Kansas Highway 20, as identified in such compact.

(7) "TAG law enforcement officer" means a police officer employed by the adjutant general pursuant to K.S.A. 48-204, and amendments thereto.

(8) "Horsethief reservoir benefit district law enforcement officer" means a police officer employed by the horsethief reservoir benefit district pursuant to K.S.A. 82a-2212, and amendments thereto.

History: L. 1977, ch. 82, § 1; L. 1977, ch. 84, § 1; L. 1982, ch. 380, § 2; L. 1985, ch. 113, § 1; L. 1994, ch. 286, § 1; L. 1995, ch. 180, § 2; L. 1996, ch. 224, § 8; L. 1998, ch. 20, § 1; L. 2004, ch. 180, § 5; L. 2007, ch. 9, § 1; L. 2007, ch. 195, § 14; L. 2010, ch. 42, § 5; L. 2016, ch. 88, § 8; L. 2022, ch. 92, § 3; July 1.

Revisor's Note:

Section was also amended by L. 2007, ch. 101, § 3, but that version was repealed by L. 2007, ch. 195, § 59.

Section was also amended by L. 2004, ch. 48, § 6 and L. 2004, ch. 91, § 1, but both of those versions were repealed by L. 2004, ch. 180, § 18.

Section was also amended by L. 2022, ch. 78, § 3, but that version was repealed by L. 2022, ch. 92, § 9.

Cross References to Related Sections:

University police officers, jurisdiction, see 76-726.

Law Review and Bar Journal References:

Survey of Recent Cases, 43 K.L.R. 974 (1995).

"End of 2004 Legislative Session Update," Jim Clark, 73 J.K.B.A. No. 6, 28 (2004).

Attorney General's Opinions:

State educational institutions; campus police officers. 79-75.

Sheriff; special deputies in counties over 100,000. 82-62.

Jurisdiction of municipal law enforcement officers. 82-65.

Care and treatment for mentally ill persons; authority of peace officers regarding transportation of mentally ill persons. 82-67.

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

Sheriff; use of motor vehicles outside of county. 83-77.

Preliminary proceedings; service of warrants. 86-161.

University police officers have no law enforcement powers to take mentally ill persons into custody without warrant pursuant to Art. 29, Ch. 59. 87-105.

Jurisdiction of Capitol Area Security Patrol. 90-24.

University police officers; powers and authority; jurisdiction. 91-96, 91-102.

Unlawful use of weapons; law enforcement officer exception. 94-18.

Local legislation to prohibit "ticket scalping." 2000-55.

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. Theft and burglary charges dismissed because of improper arrest where sheriff executed warrant outside county of office. State v. Hennessee, 232 Kan. 807, 808, 809, 658 P.2d 1034 (1983).

2. Municipal law enforcement officer in "fresh pursuit" may make warrantless arrest on military reservation for any crime committed outside reservation. City of Junction City v. Riley, 240 Kan. 614, 619, 731 P.2d 310 (1987).

3. Municipal traffic infraction construed as crime (K.S.A. 21-3105) allowing fresh pursuit hereunder. City of Prairie Village v. Eddy, 14 Kan. App. 2d 661, 663, 798 P.2d 66 (1990).

4. Irrelevant whether requesting officer actually needs assistance; officer providing requested assistance may exercise law enforcement power. State v. Ross, 247 Kan. 191, 194, 795 P.2d 937 (1990).

5. Geographical jurisdiction of law enforcement officers prescribed herein do not implicate civil seizures and forfeitures. Ulmer v. City of Overland Park, Kan., 784 F. Supp. 807, 812 (1992).

6. Vehicle was unlawfully stopped because law enforcement officer was not in fresh pursuit. State v. Hodges, 252 Kan. 989, 993, 994, 1000, 1001, 851 P.2d 352 (1993).

7. City law enforcement officer's authority to exercise powers outside city limits examined; "request for assistance" construed. State v. Rowe, 18 Kan. App. 2d 572, 856 P.2d 1340 (1993).

8. Authority in K.S.A. 22-2401a(4) has no application to the execution of a search warrant. State v. Sodders, 18 Kan. App. 2d 657, 660, 856 P.2d 1360 (1993).

9. Cited; fair labor standards act overtime provisions for university policemen discussed. Adams v. Pittsburg State University, 832 F. Supp. 318, 321 (1993).

10. Whether undersheriff with KBI agents had authority to seize evidence in adjacent county examined. U.S. v. Occhipinti, 998 F.2d 791, 798 (1993).

11. Whether K.S.A. 22-2505 or this section controls in setting limitations on police jurisdiction in executing search warrants examined. State v. Sodders, 255 Kan. 79, 80, 872 P.2d 736 (1994).

12. Whether court erred in suppressing evidence based upon finding police officers were not in fresh pursuit examined. State v. Green, 257 Kan. 444, 445, 449, 454, 901 P.2d 1350 (1995).

13. Trial court abused discretion by dismissing charges based on alleged illegal citizen's arrest by police officers. State v. Miller, 257 Kan. 844, 848, 851, 896 P.2d 1069 (1995).

14. Search of defendant's home by police officers acting outside their jurisdiction not illegal where KBI assisting. U.S. v. Price, 75 F.3d 1440, 1443 (1996).

15. Evidence obtained by stop and search of defendant on federal property by private citizen held admissible. U.S. v. Verlin, 979 F. Supp. 1334, 1337 (1997).

16. Municipal police officer who was sworn county sheriff's deputy had authority to stop vehicle outside city limits. U.S. v. Parada, 289 F. Supp.2d 1291, 1298 (2003).

17. Officer was in "fresh pursuit"; defendant observed speeding in Overland Park but arrested in adjacent city of Merriam. City of Overland Park v. Zabel, 32 Kan. App. 2d 1136, 95 P.3d 124 (2004).

18. Automobile stop outside city limits upheld where officer in fresh pursuit after observing traffic violation. State v. Hayes, 35 Kan. App. 2d 616, 622, 133 P.3d 146 (2006).

19. City law enforcement officer deputized as a deputy sheriff; jurisdiction expanded to entire county. State v. Zeckser, 37 Kan. App. 2d 352, 357, 152 P.3d 1259 (2007).

20. Section interpreted and applied; agreement between sheriff and tribal police authorizes authority to act outside reservation. Cornelius v. Kansas Dept. of Revenue, 39 Kan. App. 2d 334 to 341, 180 P.3d 579 (2008).

21. Municipal police officer was in "fresh pursuit" of defendant which justified arrest of defendant outside officer's jurisdiction. State v. Galyardt, 44 Kan. App. 2d 729, 240 P.3d 619 (2010).

22. Jurisdictional limits imposed on law enforcement officers apply to all police functions, not only search and seizure; exclusionary rule not prescribed as remedy for violation of section. State v. Vrabel, 301 Kan. 797, 803-04, 347 P.3d 201 (2015).

23. Officers' violation of statute when conducting a controlled buy outside the officers' jurisdiction did not vest defendant with an individual right; evidence not suppressed. In re J.O., 308 Kan. 603, 610, 422 P.3d 1158 (2018).

24. County sheriffs are not arms of the state under Kansas law for the purposes of enforcing laws within their respective counties and are not entitled to immunity under the 11 th Amendment of the United States constitution. In re Holmes, 387 F. Supp. 3d 1233, 1259-61 (D. Kan. 2019).


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