KANSAS STATUTES AND CODES

22-2305. Execution or service and return of warrant or summons.

22-2305

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 23.--PRELIMINARY PROCEEDINGS

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

(2) The warrant may be executed or the summons may be served at anyplace within the jurisdiction of the state of Kansas.

(3) The warrant shall be executed by the arrest of the defendant. Theofficer need not have the warrant in his possession at the time of thearrest, but upon request he shall show the warrant to the defendant as soonas possible. If the officer does not have the warrant in his possession atthe time of the arrest, he shall then inform the defendant of the offensecharged and of the fact that a warrant has been issued.

(4) The summons shall be served upon a defendant by delivering a copy tohim personally, or by leaving it at his dwelling house or usual place ofabode with some person of suitable age and discretion then residing thereinor by mailing it to the defendant's last known address.

(5) The officer executing the warrant shall make return thereof to themagistrate before whom the defendant is brought. At the request of theprosecuting attorney any unexecuted warrant shall be returned to themagistrate by whom it was issued and shall be cancelled by him. On orbefore the date set for appearance the person to whom a summons wasdelivered for service shall make return thereof to the magistrate beforewhom the summons is returnable. At the request of the prosecuting attorneymade at any time while the complaint is pending, a warrant returnedunexecuted and not cancelled or a summons returned unserved or a duplicatethereof may be delivered by the magistrate to the officer or otherauthorized person for execution or service.

History: L. 1970, ch. 129, § 22-2305; July 1.