22-2305.
Execution or service and return of warrant or summons.
(1) The warrant shall be executed by a law enforcement officer. The summons may be served by any person authorized to serve a summons in a civil action.
(2) The warrant may be executed or the summons may be served at any place within the jurisdiction of the state of Kansas.
(3) The warrant shall be executed by the arrest of the defendant. The officer need not have the warrant in his possession at the time of the arrest, but upon request he shall show the warrant to the defendant as soon as possible. If the officer does not have the warrant in his possession at the time of the arrest, he shall then inform the defendant of the offense charged and of the fact that a warrant has been issued.
(4) The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address.
(5) The officer executing the warrant shall make return thereof to the magistrate before whom the defendant is brought. At the request of the prosecuting attorney any unexecuted warrant shall be returned to the magistrate by whom it was issued and shall be cancelled by him. On or before the date set for appearance the person to whom a summons was delivered for service shall make return thereof to the magistrate before whom the summons is returnable. At the request of the prosecuting attorney made at any time while the complaint is pending, a warrant returned unexecuted and not cancelled or a summons returned unserved or a duplicate thereof may be delivered by the magistrate to the officer or other authorized person for execution or service.
History:
L. 1970, ch. 129, § 22-2305; July 1.
Notes of Decisions
Cited in
10
cases, 1984–2015 · leading case:
State v. Robinson, 363 P.3d 875 (Kan. 2015).
State v. Robinson, 363 P.3d 875 (Kan. 2015).
· cites it 2× “See K.S.A. 22-2305(2); K.S.A. 22-3214. Defendant suggests this language would be unnecessary if district judges had authority to act beyond the territorial limits set out by K.”
State v. Sodders, 872 P.2d 736 (Kan. 1994).
· cites it 4× “The execution or service of return of a warrant is now covered by K.S.A. 22-2305, which states: "(1) The warrant shall be executed by a law enforcement officer.”
State v. Flummerfelt, 684 P.2d 363 (Kan. 1984).
· cites it 3× “K.S.A. 22-2305 specifically provides a warrant may be executed at any place within the state and actual possession of the warrant by the arresting officer at the time of the arrest is not necessary.”
State v. Martin, 179 P.3d 457 (Kan. 2008).
“See K.S.A. 22-2305. The Damm court did not clarify whether the preceding unlawful detention rendered the warrant arrest unlawful *1002 or just precluded prosecution for the resulting new crime revealed by the search incident to the arrest.”
State v. Moralez, 242 P.3d 223 (Kan. Ct. App. 2010).
· cites it 2× “See K.S.A. 22-2305. As in Martin , we will focus on the third attenuation factor, i.”
State v. Englund, 329 P.3d 502 (Kan. Ct. App. 2014).
· cites it 2× “As provided in K.S.A. 22-2305(2): “The warrant may be executed or the summons may be served at any place within the jurisdiction of the state of Kansas.”
State v. Edwards, 179 P.3d 472 (Kan. Ct. App. 2008).
“12-4212(a)(2) (an officer may arrest a person if “[a] warrant for the person’s arrest has been issued by a municipal court in this state”); K.S.A. 22-2305(3) (for warrants issued by court, “officer need not have the warrant in his possession at the time of the arrest”).”
State v. Nicholson, 763 P.2d 616 (Kan. 1988).
· cites it 2× “) K.S.A. 22-2305 provides in part: “(1) The warrant shall be executed by a law enforcement officer.”
State v. Hall, 167 P.3d 382 (Kan. Ct. App. 2007).
“22-2202(4), and K.S.A. 22-2305; (iv) although impossible to arrest someone already in custody, it is quite possible to transport someone in custody to another county to answer charges there; and (v) the State has offered no explanation or excuse whatsoever for the noncompliance…”
State v. Moralez, 242 P.3d 223 (Kan. Ct. App. 2010).
“See K.S.A. 22-2305. As in Martin , we will focus on the third attenuation factor, i.”
— K.S.A. § 22-2305(2) — 2 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015).
“See K.S.A. 22-2305(2); K.S.A. 22-3214. Defendant suggests this language would be unnecessary if district judges had authority to act beyond the territorial limits set out by K.”
State v. Englund, 329 P.3d 502 (Kan. Ct. App. 2014).
“As provided in K.S.A. 22-2305(2): “The warrant may be executed or the summons may be served at any place within the jurisdiction of the state of Kansas.”
— K.S.A. § 22-2305(3) — 2 cases
State v. Flummerfelt, 684 P.2d 363 (Kan. 1984).
“K.S.A. 22-2305 specifically provides a warrant may be executed at any place within the state and actual possession of the warrant by the arresting officer at the time of the arrest is not necessary.”
State v. Edwards, 179 P.3d 472 (Kan. Ct. App. 2008).
“12-4212(a)(2) (an officer may arrest a person if “[a] warrant for the person’s arrest has been issued by a municipal court in this state”); K.S.A. 22-2305(3) (for warrants issued by court, “officer need not have the warrant in his possession at the time of the arrest”).”
— K.S.A. § 22-2305(5) — 1 case
State v. Nicholson, 763 P.2d 616 (Kan. 1988).
“) K.S.A. 22-2305 provides in part: “(1) The warrant shall be executed by a law enforcement officer.”
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