Arrest by law enforcement officer; when authorized

12-4212. Arrest by law enforcement officer; when authorized. (a) Except as provided in subsection (b), a law enforcement officer may arrest a person under any of the following circumstances: (1) The officer has a warrant commanding that the person be arrested. (2) A warrant for the person's arrest has been issued by a municipal court in this state. (3) The officer has probable cause to believe that the person is committing or has committed a violation of an ordinance and that the person has intentionally inflicted bodily harm to another person. (4) The law enforcement officer detained the person pursuant to subsection (c) or (d) of K.S.A. 12-4211, and amendments thereto, and: (A) The person refuses to give a written promise to appear in court when served with a notice to appear; (B) the person is unable to provide identification of self by presenting a valid driver's license or other identification giving equivalent information to the law enforcement officer; (C) the person is not a resident of the state of Kansas; or (D) the law enforcement officer has probable cause to believe that the person may cause injury to self or others or may damage property unless immediately arrested. (b) A law enforcement officer may not arrest a person who is charged only with committing an ordinance traffic infraction or an ordinance cigarette or tobacco infraction unless the person charged has received service of a notice to appear and has failed to appear for the infraction. History: L. 1973, ch. 61, § 12-4212; L. 1984, ch. 127, § 1; L. 1984, ch. 39, § 29; L. 1985, ch. 78, § 3; L. 1996, ch. 214, § 20; July 1. Source or prior law: 13-623, 13-625, 14-820, 15-507. Cross References to Related Sections: See similar procedure in code of criminal procedure, 22-2401. Jurisdiction of law enforcement officers employed by cities, see 22-2401a. Law Review and Bar Journal References: Arrest 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). "Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 412 (1979). Attorney General's Opinions: Traffic violation arrests; citations, procedures and penalties; appearance bond. 83-137. Municipal courts; jurisdiction over juveniles charged with cigarette and tobacco infractions. 96-83. Sheriff may charge cities for the costs of incarcerating prisoners jailed on municipal charges in an amount equal to the costs of incarceration of county prisoners. 2012-10. CASE ANNOTATIONS 1. 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). 2. Statute not exclusive arresting authority for municipal law officers; K.S.A. 22-2401 also applicable. Griffin v. State, 14 Kan. App. 2d 803, 810, 799 P.2d 521 (1990). 3. Cited; arresting officer not required to have physical possession of arrest warrant. State v. Edwards, 39 Kan. App. 2d 300, 304, 179 P.3d 472 (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