22-2404. Arrest by law enforcement officer from another jurisdiction. - Kansas Statutes

22-2404

Chapter 22.--CRIMINAL PROCEDURE KANSAS CODE OF CRIMINAL PROCEDURE Article 24.--ARREST

      22-2404.   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 ofColumbia.

      (b)   "Law enforcement officer" means any member of any duly organizedstate, county or municipal law enforcement organization of another state.

      (c)   "Fresh pursuit" means the pursuit without unnecessary delay of aperson who has committed a crime, or who is reasonably suspected of havingcommitted a crime.

      (2)   Any law enforcement officer of another state who enters this statein fresh pursuit and continues within this state in fresh pursuit of aperson in order to arrest him on the ground that he has committed a crimein the other state has the same authority to arrest and hold such person incustody as law enforcement officers of this state have to arrest and hold aperson in custody.

      (3)   If an arrest is made in this state by a law enforcement officer ofanother state in accordance with the provisions of this section he shallwithout unnecessary delay take the person arrested before a magistrate ofthe county in which the arrest is made. Such magistrate shall conduct ahearing for the purpose of determining the lawfulness of the arrest. If themagistrate determines that the arrest was lawful, he shall commit theperson arrested to await for a reasonable time the issuance of anextradition 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 wasunlawful, he shall order the discharge of the person arrested.

      History:   L. 1970, ch. 129, § 22-2404; July 1.