Detention; service of complaint and summons

12-4211. Detention; service of complaint and summons. A law enforcement officer may detain a person when: (a) He or she has a warrant commanding that such person be arrested; or (b) he or she has reason to believe that a warrant for the person's arrest has been issued by any municipal court; or (c) he or she has probable cause to believe that the person is committing or has committed a violation of an ordinance, and the law enforcement officer has probable cause to believe that such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained, or such person may cause injury to himself, herself or others or damage to property unless immediately detained; or (d) any violation of an ordinance has been or is being committed by such person in his or her view. A law enforcement officer having detained a person pursuant to the preceding paragraph, except subsection (a) or (b) thereof, may release the person or may prepare and serve upon such person a complaint and notice to appear, as provided by K.S.A. 12-4204 or 12-4205 and shall then release such accused person from such detention, except in such instances where the law enforcement officer has power and authority to arrest such accused person as hereinafter set forth. History: L. 1973, ch. 61, § 12-4211; April 1, 1974. Cross References to Related Sections: See similar provision in code of criminal procedure, 22-2402. Law Review and Bar Journal References: Detention provisions analogous to provisions in code of criminal procedure, "A New Procedure For Municipal Courts," Wallace M. Buck, Jr., 42 J.B.A.K. 7, 9 (1973). Attorney General's Opinions: Traffic violation arrests; citations, procedures and penalties; appearance bond. 83-137. Municipal courts; traffic violations; failure to appear. 84-43. CASE ANNOTATIONS 1. Mentioned in automobile stop case, detention of passenger exceeded scope of stop; evidence suppressed. State v. Gross, 39 Kan. App. 2d 788, 801, 184 P.3d 978 (2008). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026