Printable Format22-2404. 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 enforcement organization of another state.
(c) "Fresh pursuit" means the pursuit without unnecessary delay of a person who has committed a crime, or who is reasonably suspected of having committed a crime.
(2) Any law enforcement officer of another state who enters this state in fresh pursuit and continues within this state in fresh pursuit of a person in order to arrest him on the ground that he has committed a crime in the other state has the same authority to arrest and hold such person in custody as law enforcement officers of this state have to arrest and hold a person in custody.
(3) If an arrest is made in this state by a law enforcement officer of another state in accordance with the provisions of this section he shall without unnecessary delay take the person arrested before a magistrate of the county in which the arrest is made. Such magistrate shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the magistrate determines that the arrest was lawful, he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state, or the waiver thereof, or shall permit such person to go at large upon giving an appearance bond, with or without surety. If the magistrate determines that the arrest was unlawful, he shall order the discharge of the person arrested.
History: L. 1970, ch. 129, ยง 22-2404; July 1.
Source or Prior Law:
62-632 through 62-638.
Law Review and Bar Journal References:
Prior law granted power of arrest only in felony cases, Richard H. Seaton and Paul E. Wilson, 39 J.B.A.K. 97, 99 (1970).
Attorney General's Opinions:
Arrest by law enforcement officer from another jurisdiction; fresh pursuit into the state of Missouri. 83-87.
Arrest by law enforcement officer from another jurisdiction; uniform law of fresh pursuit. 87-80.
CASE ANNOTATIONS
1. Arrest in Missouri within 90 minutes of offense proper under doctrine of "fresh pursuit." State v. Tillman, 208 Kan. 954, 957, 494 P.2d 1178.
2. Cited in action involving aggravated battery and assault of law enforcement officer from another state in fresh pursuit of person in this state. State v. Wood, 235 Kan. 915, 923, 686 P.2d 128 (1984).
3. Cited; authority of municipal law enforcement officer in "fresh pursuit" to make warrantless misdemeanor arrest on military reservation examined. City of Junction City v. Riley, 240 Kan. 614, 616, 731 P.2d 310 (1987).
4. Whether court erred in suppressing evidence based upon finding police officers were not in fresh pursuit examined. State v. Green, 257 Kan. 444, 452, 901 P.2d 1350 (1995).