Printable Format22-2408. Notice to appear. (a) Except as otherwise provided in subsection (f), whenever a law enforcement officer detains any person without a warrant, for any act punishable as a misdemeanor, and such person is not immediately taken before a magistrate for further proceedings, the officer may serve upon such person a written notice to appear in court. Such notice to appear shall contain the name and address of the person detained, the crime charged, and the time and place when and where such person shall appear in court.
(b) The time specified in such notice to appear must be at least seven days after such notice is given unless the person shall demand an earlier hearing.
(c) The place specified in such notice to appear must be before some court within the county in which the crime is alleged to have been committed which has jurisdiction of such crime.
(d) The person detained, in order to secure release as provided in this section, must give his or her written promise to appear in the court by signing the written notice prepared by the officer. The original of the notice shall be retained by the officer; a copy delivered to the person detained, and the officer shall forthwith release the person.
(e) (1) Except as provided in paragraph (2), such law enforcement officer shall cause to be filed, without unnecessary delay, a complaint in the court in which a person released under subsection (d) is given notice to appear, charging the crime stated in such notice.
(2) The provisions of paragraph (1) shall not apply if the notice to appear is a valid complaint pursuant to K.S.A. 22-2202, and amendments thereto.
(3) If the person released fails to appear as required in the notice to appear, a warrant shall be issued for his or her arrest.
(f) The procedures prescribed by this section shall not apply to the detention or arrest of any person for the violation of any law regulating traffic on the highways of this state, and the provisions of K.S.A. 8-2104 through 8-2108, and amendments thereto, and the code of procedure for municipal courts shall govern such procedures.
History: L. 1970, ch. 129, § 22-2408; L. 1974, ch. 149, § 1; L. 1975, ch. 33, § 6; L. 2010, ch. 135, § 13; L. 2024, ch. 87, § 2; July 1.
Cross References to Related Sections:
Procedure for arrest without a warrant under uniform act regulating traffic on highways, see 8-2111.
Commencement of prosecution and arrest procedure under code of procedure for municipal courts, see 12-4201 et seq.
Notice to appear in traffic cases, see 8-2106.
Law Review and Bar Journal References:
Needed guidelines for the issuance of a citation, symposium on criminal procedure, Robert L. Looney, 18 K.L.R. 715, 717, 718 (1970).
Prior law authorized this procedure only in traffic cases, Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 161 (1970).
"Searches Incident to a Lawful Arrest," Keith G. Meyer, 41 J.B.A.K. 365, 396 (1972).
"Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685, 715 (1972).
"Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 543 (1983).
Attorney General's Opinions:
Law enforcement officers; employment and powers. 79-88.
Identification and detection of crimes and criminals; officers to take fingerprints of suspected violators. 84-89.
Custody requirement for taking juvenile fingerprints for felony-type offenses. 85-96.
Jurisdiction of Capitol Area Security Patrol. 90-24.
CASE ANNOTATIONS
1. Criminal defendant is entitled to jury trial in appeal to district court after jury trial before magistrate. State v. Wright, 26 Kan. App. 2d 879, 881, 995 P.2d 416 (2000).
2. Law enforcement arrested defendant without probable cause; 4 th Amendment violated and evidence was suppressed. City v. Norton v. Wonderly, 38 Kan. App. 2d 797, 804, 172 P.3d 1205 (2007).