Kansas Statutes Annotated

K.S.A. § 12-4211 (2026)

Detention; service of complaint and summons

✓ current as of May 2026

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12-4211. Detention; service of complaint and summons. A law enforcement officer may detain a person when:

(a) He or she has a warrant commanding that such person be arrested; or

(b) he or she has reason to believe that a warrant for the person's arrest has been issued by any municipal court; or

(c) he or she has probable cause to believe that the person is committing or has committed a violation of an ordinance, and the law enforcement officer has probable cause to believe that such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained, or such person may cause injury to himself, herself or others or damage to property unless immediately detained; or

(d) any violation of an ordinance has been or is being committed by such person in his or her view.

A law enforcement officer having detained a person pursuant to the preceding paragraph, except subsection (a) or (b) thereof, may release the person or may prepare and serve upon such person a complaint and notice to appear, as provided by K.S.A. 12-4204 or 12-4205 and shall then release such accused person from such detention, except in such instances where the law enforcement officer has power and authority to arrest such accused person as hereinafter set forth.

History: L. 1973, ch. 61, § 12-4211; April 1, 1974.

Notes of Decisions

Cited in 2 cases, 2005–2008 · leading case: State v. Gross, 184 P.3d 978 (Kan. Ct. App. 2008).

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State v. Gross, 184 P.3d 978 (Kan. Ct. App. 2008). “8-2106(a)(l) (indicating that officer has authority to stop person and issue citation for traffic violation); K.S.A. 12-4211(d) (giving municipal officer who observes ordinance violation the authority to serve upon offender a complaint and notice to appear); United States v.”

Butcher v. Kansas Dep't of Revenue, 124 P.3d 1078 (Kan. Ct. App. 2005). “See K.S.A. 12-4211(c) and (d) (authority to detain an individual suspected of violating an ordinance).”

— K.S.A. § 12-4211(c) — 1 case

Butcher v. Kansas Dep't of Revenue, 124 P.3d 1078 (Kan. Ct. App. 2005). “See K.S.A. 12-4211(c) and (d) (authority to detain an individual suspected of violating an ordinance).”

— K.S.A. § 12-4211(d) — 1 case

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