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'sarrest has been issued by any municipal court; or

      (c)   he or she has probable cause to believe that the person iscommitting or has committed a violation of an ordinance, and the lawenforcement officer has probable cause to believe that such person will notbe apprehended or evidence of the violation of the ordinance will beirretrievably lost unless such person is immediately detained, or suchperson may cause injury to himself, herself or others or damage to propertyunless immediately detained; or

      (d)   any violation of an ordinance has been or is being committed by suchperson in his or her view.

      A law enforcement officer having detained a person pursuant to thepreceding paragraph, except subsection (a) or (b) thereof, may release theperson or may prepare and serve upon such person a complaint and notice toappear, as provided by K.S.A. 12-4204 or 12-4205 and shall then releasesuch accused person from such detention, except in such instances where thelaw enforcement officer has power and authority to arrest such accusedperson as hereinafter set forth.

      History:   L. 1973, ch. 61, § 12-4211; April 1, 1974.