22-2304.
Form of warrant or summons.
(a) The warrant shall be signed by the magistrate and shall contain the name of the defendant, or, if such defendant's name is unknown, any name or description by which such defendant can be identified with reasonable certainty. A defendant may be identified with reasonable certainty by a description of the defendant's unique DNA profile, including, but not limited to, an analysis of short tandem repeats (STRs) amplified by the polymerase chain reaction (PCR) technique. The warrant shall describe the crime charged in the complaint. The warrant shall command that the defendant be arrested and brought before a magistrate, as provided by law. The amount of the appearance bond to be required shall be stated in the warrant.
(b) The summons shall be in the same form as the warrant except that it shall summon the defendant to appear before the court at a stated time and place. The summons shall be signed by the magistrate or the clerk of the court.
History:
L. 1970, ch. 129, § 22-2304; L. 2011, ch. 39, § 1; July 1.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1978–2024 · leading case:
People v. Robinson, 224 P.3d 55 (Cal. 2010).
People v. Robinson, 224 P.3d 55 (Cal. 2010).
· cites it 2× “) In Belt , the Supreme Court of Kansas recently considered whether a John Doe arrest warrant that describes the suspect by a unique marker profile on a DNA autoradiograph identifies the suspect with sufficient particularity and reasonable certainty to satisfy the requirements…”
State v. Belt, 179 P.3d 443 (Kan. 2008).
· cites it 4× “Belt argued that the original John Doe warrants were too vague to meet the identification standards of the Fourth Amendment to the United States Constitution and K.S.A. 22-2304 and, thus could not toll the statutes of limitations applicable to the charged crimes.”
Soto v. City of Bonner Springs, 238 P.3d 278 (Kan. 2010).
· cites it 2× “” Soto contends that this document expresses a policy reflecting the duty assigned to the County in K.S.A. 22-2304, which imposes a duty of care that the person in the warrant be identified with reasonable certainty.”
State v. Marshall & Brown-Sidorowicz, P.A., 577 P.2d 803 (Kan. Ct. App. 1978).
“22-2303(2) provides that when an indictment is filed a warrant for the arrest of the defendant shall issue; however, the court may order that a summons issue instead of a warrant.”
State v. Spaulding, 720 P.2d 1047 (Kan. 1986).
“K.S.A. 22-2304, providing for the issuance of warrants of arrest, provides specifically that “[t]he warrant shall be signed by the magistrate .”
State v. Overton, 112 P.3d 244 (Kan. 2005).
“See K.S.A. 22-2304 (form of warrant or summons).”
State v. Palma, 128 P.3d 999 (Kan. Ct. App. 2006).
“See K.S.A. 22-2304 (form of warrant or summons).”
State v. Miller (Kan. Ct. App. 2024).
“See K.S.A. 2018 Supp. 22-2304(a) (requiring that arrest warrants be signed by a magistrate).”
— K.S.A. § 22-2304(1) — 2 cases
Soto v. City of Bonner Springs, 238 P.3d 278 (Kan. 2010).
“” Soto contends that this document expresses a policy reflecting the duty assigned to the County in K.S.A. 22-2304, which imposes a duty of care that the person in the warrant be identified with reasonable certainty.”
State v. Belt, 179 P.3d 443 (Kan. 2008).
“Belt argued that the original John Doe warrants were too vague to meet the identification standards of the Fourth Amendment to the United States Constitution and K.S.A. 22-2304 and, thus could not toll the statutes of limitations applicable to the charged crimes.”
— K.S.A. § 22-2304(2) — 1 case
State v. Marshall & Brown-Sidorowicz, P.A., 577 P.2d 803 (Kan. Ct. App. 1978).
“22-2303(2) provides that when an indictment is filed a warrant for the arrest of the defendant shall issue; however, the court may order that a summons issue instead of a warrant.”
— K.S.A. § 22-2304(a) — 1 case
State v. Miller (Kan. Ct. App. 2024).
“See K.S.A. 2018 Supp. 22-2304(a) (requiring that arrest warrants be signed by a magistrate).”
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