12-4212. Arrest by law enforcement officer; when authorized.
12-4212
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.