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Kansas Statutes Annotated

K.S.A. § 22-2402 (2026)

Stopping of suspect

✓ current as of May 2026
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22-2402. Stopping of suspect. (1) Without making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand of the name, address of such suspect and an explanation of such suspect's actions.

(2) When a law enforcement officer has stopped a person for questioning pursuant to this section and reasonably suspects that such officer's personal safety requires it, such officer may frisk such person for firearms or other dangerous weapons. If the law enforcement officer finds a firearm or weapon, or other thing, the possession of which may be a crime or evidence of crime, such officer may take and keep it until the completion of the questioning, at which time such officer shall either return it, if lawfully possessed, or arrest such person.

History: L. 1970, ch. 129, § 22-2402; L. 1990, ch. 106, § 1; July 1.

Notes of Decisions
Cited in 201 cases (18 in the last 5 years), 1977–2026 · leading case: State v. Thompson, 166 P.3d 1015 (Kan. 2007).
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State v. Thompson, 166 P.3d 1015 (Kan. 2007). · cites it 7× “2d 889 (1968), and K.S.A. 22-2402); public safety stops; and arrests.”
Schreiner v. Hodge, 504 P.3d 410 (Kan. 2022). · cites it 12× “" 231 Kan. at 362-63. Granted, we have held that discretionary function immunity does not apply when a clearly defined mandatory duty exists.”
Martin v. Kansas Dep't of Revenue, 176 P.3d 938 (Kan. 2008). · cites it 4× “See K.S.A. 22-2402(1); Terry v. Ohio, 392 U.S.”
Hiibel v. Sixth Jud. Dist. Court of Nev., Humboldt Cty., 542 U.S. 177 (2004). · cites it 2× “725, § 5/107-14 (2004); Kan. Stat. Ann. § 22-2402 (1) (2003); La.”
State v. Vistuba, 840 P.2d 511 (Kan. 1992). · cites it 7× “The basis for the motion rested on the theory that the arresting officer, a deputy sheriff, did not have a K.S.A. 1991 Supp. 22-2402 reasonable suspicion to stop Vistuba.”
State v. Guy, 752 P.2d 119 (Kan. 1988). · cites it 14× “The court relied upon K.S.A. 22-2402, the Kansas stop and frisk statute, which provides: "(1) Without making an arrest, a law enforcement officer may stop any person in a public place whom he reasonably suspects is committing, has committed or is about to commit a crime and may…”
State v. McKeown, 819 P.2d 644 (Kan. 1991). · cites it 7× “The sole issue raised by the State in this appeal is whether Officer Rhodenbaugh, based upon the evidence presented at the suppression hearing, had a reasonable and articulable suspicion to stop the defendant.”
State v. Toothman, 985 P.2d 701 (Kan. 1999). · cites it 8× “K.S.A. 22-2402(1) provides that "[w]ithout making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand .”
State v. Marx, 215 P.3d 601 (Kan. 2009). · cites it 4× “Ohio and codified in K.S.A. 22-2402(1), arises where the officer knows of specific and articulable facts that create a reasonable suspicion that a crime has been, is being, or is about to be committed.”
State v. MacDonald, 856 P.2d 116 (Kan. 1993). · cites it 6× “The trial court suppressed the evidence seized during the checklane operation. We have jurisdiction under K.”
State v. Martinez, 293 P.3d 718 (Kan. 2013). · cites it 4× “Our legislature has codified this rule under K.S.A. 22-2402. At the outset, we note the parties agree an investigatory stop occurred when police stopped Martinez.”
State v. Johnson, 270 P.3d 1135 (Kan. 2012). · cites it 6× “2d 889 [1968], whose parameters are codified in K.S.A. 22-2402); public safety stops; and arrests.”
Show all 201 citing cases →
— K.S.A. § 22-2402(1) — 131 cases
Schreiner v. Hodge, 504 P.3d 410 (Kan. 2022). “" 231 Kan. at 362-63. Granted, we have held that discretionary function immunity does not apply when a clearly defined mandatory duty exists.”
Martin v. Kansas Dep't of Revenue, 176 P.3d 938 (Kan. 2008). “See K.S.A. 22-2402(1); Terry v. Ohio, 392 U.S.”
State v. Toothman, 985 P.2d 701 (Kan. 1999). “K.S.A. 22-2402(1) provides that "[w]ithout making an arrest, a law enforcement officer may stop any person in a public place whom such officer reasonably suspects is committing, has committed or is about to commit a crime and may demand .”
State v. Marx, 215 P.3d 601 (Kan. 2009). “Ohio and codified in K.S.A. 22-2402(1), arises where the officer knows of specific and articulable facts that create a reasonable suspicion that a crime has been, is being, or is about to be committed.”
City of Overland Park v. Sandy, 587 P.2d 883 (Kan. 1978).
— K.S.A. § 22-2402(2) — 23 cases
State v. Johnson, 270 P.3d 1135 (Kan. 2012). “2d 889 [1968], whose parameters are codified in K.S.A. 22-2402); public safety stops; and arrests.”
State v. Johnson, 217 P.3d 42 (Kan. 2009).
State v. Smith, 184 P.3d 890 (Kan. 2008).
State v. Hill, 130 P.3d 1 (Kan. 2006).
State v. Golston, 203 P.3d 10 (Kan. Ct. App. 2009).
— K.S.A. § 22-2402(a) — 1 case
State v. Walker, 251 P.3d 618 (Kan. 2011).
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