12-4212.   Arrest by law enforcement officer; when authorized.(a) Except as provided in subsection (b), a law enforcement officer mayarrest a person under any of thefollowing circumstances:

      (1)   The officer has a warrant commanding that theperson be arrested.

      (2)   A warrant for theperson's arrest has been issued by a municipal court in this state.

      (3)   The officer has probable cause to believe that the person is committingor has committed a violation of an ordinance and that the person hasintentionallyinflicted bodily harm to another person.

      (4)   The law enforcement officer detained the personpursuant to subsection (c) or (d) of K.S.A. 12-4211 andamendments thereto and:

      (A)   The personrefuses to give a written promise to appear in court when served with anotice to appear;

      (B)   the person is unable to provide identification ofself by presenting a valid driver's license or other identification givingequivalent 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 thatthe person may cause injury to self or othersor may damage property unless immediately arrested.

      (b)   A law enforcement officer may not arrest a person who is chargedonly with committing an ordinance traffic infraction or an ordinancecigarette or tobacco infraction unless the personcharged has received service of a notice to appear and hasfailed 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.