Chapter 22, CRIMINAL PROCEDURE

22-2101. Title. This code is called and may be cited as the Kansas code of criminal procedure. History: L. 1970, ch. 129, § 22-2101; July 1. Source or Prior Law: 62-101. Attorney General's Opinions: Custody requirement for taking juvenile fingerprints for felony-type offenses. 85…

22-2102. Scope. The provisions of this code shall govern proceedings in all criminal cases in the courts of the state of Kansas, but shall have application to proceedings in police and municipal courts only when specifically provided by law. History: L. 1970, ch. 129, § 22-2102; …

22-2103. Purpose and construction. This code is intended to provide for the just determination of every criminal proceeding. Its provisions shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay. His…

22-2104. Prosecutions in the name of state. All prosecutions for violations of the criminal laws of this state shall be in the name of the state of Kansas. History: L. 1970, ch. 129, § 22-2104; July 1. Source or Prior Law: 62-1001. Law Review and Bar Journal References: "Collater…

22-2201. Interpretation of words and phrases. (1) In interpreting this code, such words and phrases as are defined in this article shall be given the meanings indicated by their definitions, unless a particular context clearly requires a different meaning. (2) Words or phrases no…

22-2202. General definitions. Subject to K.S.A. 22-2201, and amendments thereto, as used in this code: (a) "Absconds from supervision" means knowingly avoiding supervision or knowingly making the defendant's whereabouts unknown to the defendant's supervising court services office…

22-2301. Commencement of prosecution. (1) Unless otherwise provided by law, a prosecution shall be commenced by filing a complaint with a magistrate. A copy of the complaint shall forthwith be supplied to the county attorney of the county and a copy thereof shall be furnished to …

22-2302. Issuance of warrant or summons; availability of affidavits and testimony in support of probable cause requirements; disclosure after execution, redaction. (a) (1) If the magistrate finds from the complaint, or from an affidavit or affidavits filed with the complaint or f…

22-2303. Prosecution begun by filing indictment or information; issuance of warrant; summons. (1) When an indictment is returned, as provided by K.S.A. 22-3011, and amendments thereto, a prosecution shall be deemed to have been begun. In misdemeanor cases, cigarette or tobacco in…

22-2304. Form of warrant or summons. (a) The warrant shall be signed by the magistrate and shall contain the name of the defendant, or, if such defendant's name is unknown, any name or description by which such defendant can be identified with reasonable certainty. A defendant ma…

22-2305. Execution or service and return of warrant or summons. (1) The warrant shall be executed by a law enforcement officer. The summons may be served by any person authorized to serve a summons in a civil action. (2) The warrant may be executed or the summons may be served at…

22-2306. Defective warrant. A warrant shall not be quashed or abated nor shall any person in custody for a crime be discharged from such custody because of any technical defect in the warrant. History: L. 1970, ch. 129, § 22-2306; July 1. Law Review and Bar Journal References: "N…

22-2307. Domestic violence calls; written policies to be adopted by law enforcement agencies; contents. (a) All law enforcement agencies in this state shall adopt written policies regarding domestic violence calls as provided in subsections (b) and (c). These policies shall be ma…

22-2308. Same; liability. No law enforcement agency or employee of such agency acting within the scope of employment shall be liable for damages resulting from the adoption or enforcement of any policy adopted under this act, including, but not limited to, the policy and procedur…

22-2309. Prosecution of crimes related to domestic violence; written policies adopted by prosecuting attorneys; contents. On and after January 1, 1997, all prosecuting attorneys, as defined in K.S.A. 22-2202, and amendments thereto, if such prosecuting attorney prosecutes crimes …

22-2310. Stalking allegations; written policies to be adopted by law enforcement agencies; contents; liability. (a) All law enforcement agencies in this state shall adopt written policies regarding allegations of stalking as provided in subsection (b). These policies shall be mad…

22-2311. Prosecution of crimes relating to stalking; written policies to be adopted by prosecuting attorneys; contents. On and after January 1, 2009, all prosecuting attorneys, as defined in K.S.A. 22-2202, and amendments thereto, if such prosecuting attorney prosecutes crimes re…

22-2312. Law enforcement officers to not place persons in custody in certain circumstances; immunity from criminal prosecution for certain drug offenses when person was seeking medical assistance for self or others; exceptions. (a) A law enforcement officer shall not take a perso…

22-2401. Arrest by law enforcement officer. A law enforcement officer may arrest a person under any of the following circumstances: (a) The officer has a warrant commanding that the person be arrested. (b) The officer has probable cause to believe that a warrant for the person's …

22-2401a. Jurisdiction of certain law enforcement officers; tribal law enforcement agency, liability insurance required, when; exercise of powers and authority of law enforcement officers. (a) (1) Law enforcement officers employed by consolidated county law enforcement agencies o…

22-2402. Stopping of suspect. (1) Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand of the name, address of such suspect and an …

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…

22-2404. Arrest by law enforcement officer from another jurisdiction. (1) As used in this section: (a) "State" means any state of the United States and the District of Columbia. (b) "Law enforcement officer" means any member of any duly organized state, county or municipal law en…

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…

22-2406. Release by officer of person arrested. A law enforcement officer having custody of a person arrested without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal …

22-2407. Assisting law enforcement officer. (1) A law enforcement officer making an arrest may command the assistance of any person who may be in the vicinity. (2) A person commanded to assist a law enforcement officer shall have the same authority to arrest as the officer who co…

22-2408. 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, t…

22-2409. Crimes committed by corporations. (1) Upon the filing of a complaint, indictment or information charging a corporation with commission of a crime in a court having jurisdiction to try the offense charged, such court shall issue a summons setting forth the nature of the o…

22-2410. Expungement of arrest records; docket fee; disclosure limited upon filing of petition. (a) (1) Any person who has been arrested in this state may petition the district court for the expungement of such arrest record. (2) (A) If a person has been arrested in this state as…

22-2411. Arrest powers of federal law enforcement officers. (a) A federal law enforcement officer who enters this state may arrest a person, without a warrant, when in the judgment of the federal law enforcement officer a person: (1) Asserts physical force or uses forcible compul…

22-2502. Search warrants; issuance; proceedings authorized; availability of affidavits and testimony in support of probable cause requirement; use of electronic communications and tracking devices. (a) A search warrant shall be issued only upon the oral or written statement, incl…

22-2503. Territorial and time limitations on execution of certain search warrants. (a) Except as provided in subsections (b) and (c), search warrants issued by a district magistrate judge may be executed only within the judicial district in which the judge resides or within the j…

22-2504. Issuance of search warrant. All search warrants shall show the time and date of issuance and shall be the warrants of the magistrate issuing the same and not the warrants of the court in which he is then sitting and such warrants need not bear the seal of the court or cl…

22-2505. Persons authorized to execute search warrants. A search warrant shall be issued in duplicate and shall be directed for execution to all law enforcement officers of the state, or to any law enforcement officer specifically named therein. History: L. 1970, ch. 129, § 22-25…

22-2506. Execution of search warrants. (a) A search warrant shall be executed within 240 hours from the time of issuance. If the warrant is executed the duplicate copy shall be left with any person from whom any things are seized or if no person is available the copy shall be lef…

22-2507. Command of search warrant. A search warrant shall command the person directed to execute the same to search the person, place or means of conveyance particularly described in the warrant and to seize the things particularly described in the warrant. History: L. 1970, ch.…

22-2508. Use of force in execution of search warrant. All necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute a search warrant. History: L. 1970, ch. 129, § 22-2508; July 1. Law Review and Bar Journal References: …

22-2509. Detention and search of persons on premises. In the execution of a search warrant the person executing the same may reasonably detain and search any person in the place at the time: (a) To protect himself from attack, or (b) To prevent the disposal or concealment of any …

22-2510. When search warrant may be executed. A search warrant may be executed at any time of any day or night. History: L. 1970, ch. 129, § 22-2510; July 1. Source or Prior Law: 62-1833. Revisor's Note: Section was also amended by L. 2022, ch. 78, § 5, but that version was repea…

22-2511. No warrant quashed for technicality. No search warrant shall be quashed or evidence suppressed because of technical irregularities not affecting the substantial rights of the accused. History: L. 1970, ch. 129, § 22-2511; July 1. Law Review and Bar Journal References: Cr…

22-2512. Custody and disposition of seized property. (a) Property seized under a search warrant or validly seized without a warrant shall be safely kept by the agency seizing the property unless otherwise directed by the magistrate, and shall be so kept as long as necessary for t…

22-2514. Authorized interception of wire, oral or electronic communications; definitions. This act shall be a part of and supplemental to the code of criminal procedure. As used in this act: (1) "Wire communication" means any aural transfer made in whole or in part through the us…

22-2515. Authorized interception of wire, oral or electronic communications; order; application; crimes for which order may be issued; disclosure and use of contents of wire, oral or electronic communications; effect on privileged communications. (a) An ex parte order authorizing…

22-2516. Same; application for order, form and contents; issuance of order; contents; duration; extension; recordation of intercepted communications; custody of application and order, disclosure; inventory, notice to certain persons; evidentiary status of intercepted communicatio…

22-2517. Unlawful interception of wire or oral communication; evidentiary status of contents. Whenever any wire or oral communication has been intercepted, no part of the contents of such communication and no evidence derived therefrom may be received in evidence in any trial, he…

22-2518. Same; civil action for damages; defense available in civil and criminal actions. (1) Any person whose wire, oral or electronic communication is intercepted, disclosed or used in violation of this act shall have a civil cause of action against any person who intercepts, d…

22-2519. Reports by judges and prosecutors to administrative office of federal courts. (1) Within thirty (30) days after the expiration of an order entered under K.S.A. 22-2516, or any extension thereof, the judge issuing such order shall report to the administrative office of th…

22-2520. Definitions. (a) "Strip search" means removing or rearranging some or all of a person's clothing, by or at the direction of a law enforcement officer, so as to permit a visual inspection of the genitals, buttocks, anus or female breasts of such person. (b) "Body cavity s…

22-2521. Limitations on strip searches; probable cause requirement; report. (a) No person detained or arrested solely for the violation of a statute, resolution or ordinance involving a traffic, regulatory or nonviolent misdemeanor offense shall be strip searched unless there is …

22-2522. Body cavity searches; warrant; limitations. (a) A body cavity search shall be conducted only under the authority of a search warrant specifically authorizing a body cavity search. (b) Every body cavity search shall be conducted by a licensed physician or registered nurse…