48-2201. (KCMJ Art. 7) Apprehension. - Kansas Statutes

48-2201

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY Article 22.--CODE OF MILITARY JUSTICE; APPREHENSION AND RESTRAINT

      48-2201.   (KCMJ Art. 7) Apprehension.(a) Apprehension is the taking of a person into custody.

      (b)   Any person authorized by regulations governing the state militaryforces to apprehendpersons subject to this code, any marshal of acourt-martial appointed pursuant to the provisions of this code, and anylaw enforcement officer havingauthority to apprehend offenders under the laws of the United States or ofa state or municipality, may do so upon reasonable beliefthat an offense has been committed and that the person apprehendedcommitted it.

      (c)   Commissioned officers, warrant officers and noncommissionedofficers have authority to quell quarrels, frays and disorders amongpersons subject to this code and to apprehend persons subject to this codewho take part therein.

      (d)   Any person subject to this code who misses a movement to annualtraining or state active duty or is absent without leave from annualtraining or state active duty, may be apprehended and delivered to theperson's commanding officer pursuant to a warrant issued by a militaryjudge based upon probable cause. Apprehension under this subsection may bemade by military police, security police or civilian law enforcement officers.

      History:   L. 1972, ch. 203, § 48-2201;L. 1988, ch. 191, § 3; July 1.