22-2405. Method of arrest. (1) An arrest is made by an actual restraint of the person arrested or by his submission to custody. (2) An arrest may be made on any day and at any time of the day or night. (3) All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest. History: L. 1970, ch. 129, § 22-2405; July 1. Source or Prior Law: 62-1201, 62-1202, 62-1203, 62-1204, 62-1205, 62-1819. Law Review and Bar Journal References: "Survey of Kansas Law: Criminal Law and Procedure," Keith G. Meyer, 27 K.L.R. 391, 417 (1979). "Constitutional Law: Exigent Circumstances in Warrantless Home Arrests," Russell F. Kaufman, 19 W.L.J. 345, 346, 348 (1980). Criminal Procedure Survey, 55 K.L.R. 797 (2007). "They Didn't Look Right to Me! Reasonable Suspicion in Kansas: Through Whose Eyes is it Viewed?" Colin D. Wood, 76 J.K.B.A. No. 8, 16 (2007). Attorney General's Opinions: Jurisdiction of school law enforcement officer based on location, as well as control or ownership of property. 2002-39. CASE ANNOTATIONS 1. Applied; refusal to suppress evidence; conviction of possession of controlled substance with intent to sell upheld. State v. Evans, 219 Kan. 515, 520, 548 P.2d 772. 2. Applied; federal drug agents properly utilized arrest warrant to obtain consent of party on premises to enter residence; arrest valid. United States v. Harper, 550 F.2d 610, 614. 3. Federal agents properly used arrest warrant to obtain consent to enter residence; control of state law. United States v. Harper, 550 F.2d 610, 614. 4. Applied; warrantless arrest authorized hereunder; probable cause to believe sale of cocaine being committed. State v. Hagan, 3 Kan. App. 2d 558, 562, 598 P.2d 550. 5. Escape statutes not applicable when defendant not in custody. State v. Logan, 8 Kan. App. 2d 232, 234, 654 P.2d 492 (1982). 6. Whether police violated defendant's rights by using unnecessary and unreasonable force in executing search warrant examined. State v. McCloud, 257 Kan. 1, 12, 891 P.2d 324 (1995). 7. Under facts, police had authority to use reasonable force to enter garage in executing arrest warrant. State v. Beal, 26 Kan. App. 2d 837, 841, 994 P.2d 669 (2000). 8. Cited in case involving unlawful arrest and unlawful search; conviction reversed. State v. Wagner, 39 Kan. App. 2d 279, 286, 179 P.3d 1149 (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