Arrest by private person

22-2403. Arrest by private person. A person who is not a law enforcement officer may arrest another person when: (1) A felony has been or is being committed and the person making the arrest has probable cause to believe that the arrested person is guilty thereof; or (2) any crime, other than a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the arrested person in the view of the person making the arrest. History: L. 1970, ch. 129, § 22-2403; L. 1984, ch. 39, § 38; L. 1996, ch. 214, § 30; July 1. Law Review and Bar Journal References: "Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685, 690 (1972). Attorney General's Opinions: Law enforcement officers; employment and powers. 79-88. Crimes affecting governmental functions; obstructing legal process or official duty. 82-273. University police officers; power and authority; jurisdiction. 91-102. Security officer employed at Kansas soldiers' home is not a law enforcement officer. 95-48. CASE ANNOTATIONS 1. Mentioned in upholding conviction of aggravated assault. State v. Johnson, 6 Kan. App. 2d 750, 752, 634 P.2d 1137 (1981). 2. Whether arrests by police officer outside their assigned jurisdiction were lawful citizen's arrests examined. State v. Miller, 257 Kan. 844, 846, 896 P.2d 1069 (1995). 3. Trial court's use of witness testimony from preliminary hearing upheld where witness found unavailable. State v. Cook, 259 Kan. 370, 374, 913 P.2d 97 (1996). 4. Deputy sheriff making arrest in adjacent county does so as private person; safety reasons justified stop of driver of motor vehicle. State v. Hamman, 273 Kan. 89, 41 P.3d 809 (2002).