K.S.A. » Chapter 22
Kansas Statutes Annotated

K.S.A. § 22-2403 (2026)

Arrest by private person

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22-2403. Arrest by private person. A person who is not a law enforcement officer may arrest another person when:

(1) A felony has been or is being committed and the person making the arrest has probable cause to believe that the arrested person is guilty thereof; or

(2) any crime, other than a traffic infraction or a cigarette or tobacco infraction, has been or is being committed by the arrested person in the view of the person making the arrest.

History: L. 1970, ch. 129, § 22-2403; L. 1984, ch. 39, § 38; L. 1996, ch. 214, § 30; July 1.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1981–2026 · leading case: State v. Miller, 896 P.2d 1069 (Kan. 1995).
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State v. Miller, 896 P.2d 1069 (Kan. 1995). · cites it 10× “The State also contended that the Osage City police officers made a valid citizen’s arrest pursuant to K.S.A. 22-2403. The district judge denied the State’s appeal in a one-paragraph order, which states: *847 “Now on this 4th day of April, 1994, plaintiff, State of Kansas’…”
State v. Hamman, 41 P.3d 809 (Kan. 2002). · cites it 7× “This, of course, is not a traffic infraction, it is a traffic misdemeanor, has been or is being committed by the arrested person in the view of the person making the arrest.”
State v. Mendez, 66 P.3d 811 (Kan. 2003). “It would be ridiculous to require the officers to drop off a 16-year-old boy at the Lenexa city limits because they no longer had statutory authority to drive him home.” The State first cites numerous statutory provisions from K.”
State v. Vrabel, 347 P.3d 201 (Kan. 2015). “22-2202(13)’s definition of a law enforcement officer, and, therefore, the officer is eligible to make a citizen’s arrest pursuant to K.S.A. 22-2403. 257 Kan. at 851 . But here, the district court specifically found that the PVPD officers had “exercised their powers as law…”
State v. Sodders, 872 P.2d 736 (Kan. 1994). · cites it 2× “We in fact have a statute, K.S.A. 22-2403, which authorizes a private person to "arrest another person when: (1) [a] felony has been .”
Lewis v. Marmon, 655 P.2d 953 (Kan. Ct. App. 1982). “’ See K.S.A. 22-2403; K.S.A. 21-3216. “The authors of Pattern Instructions for Kansas' — Criminal say K.”
State v. Vrabel, 305 P.3d 35 (Kan. Ct. App. 2013). “22-2401a and K.S.A. 22-2403 do not apply. As a result, the Prairie Village officers obtained the drug evidence and the conversation between the Cl and Defendant unlawfully.”
State v. Johnson, 634 P.2d 1137 (Kan. Ct. App. 1981). “” See K.S.A. 22-2403; K.S.A. 21-3216. *753 The authors of Pattern Instructions for Kansas—Criminal say K.”
State v. Vano – Per Curiam – Affirmed – Johnson, 523 P.3d 1087 (Kan. Ct. App. 2023). · cites it 2× “See K.S.A. 22-2403(2) (permitting a person who is not a law enforcement officer to arrest another person when criminal trespass has been or is being committed by the arrested person in the view of the person making the arrest).”
State v. Brooks, 492 P.3d 507 (Kan. Ct. App. 2021). “A. 22-2403(1). But we put aside any further consideration of the district court's legal authority to detain Johnson.”
State v. Hickman, 584 P.3d 76 (Kan. Ct. App. 2026). “But the plain language of K.S.A. 22-2403(1) also requires that Hickman had "probable cause to believe" D.”
United States v. Strickling, 924 F. Supp. 1057 (D. Kan. 1996). · cites it 2× “See K.S.A. § 22-2403 (stating that a private citizen is not authorized to stop a vehicle for a traffic violation).”
K.S.A. § 22-2403(1): 2 cases
State v. Brooks, 492 P.3d 507 (Kan. Ct. App. 2021). “A. 22-2403(1). But we put aside any further consideration of the district court's legal authority to detain Johnson.”
State v. Hickman, 584 P.3d 76 (Kan. Ct. App. 2026). “But the plain language of K.S.A. 22-2403(1) also requires that Hickman had "probable cause to believe" D.”
K.S.A. § 22-2403(2): 3 cases
State v. Hamman, 41 P.3d 809 (Kan. 2002). “This, of course, is not a traffic infraction, it is a traffic misdemeanor, has been or is being committed by the arrested person in the view of the person making the arrest.”
State v. Mendez, 66 P.3d 811 (Kan. 2003). “It would be ridiculous to require the officers to drop off a 16-year-old boy at the Lenexa city limits because they no longer had statutory authority to drive him home.” The State first cites numerous statutory provisions from K.”
State v. Vano – Per Curiam – Affirmed – Johnson, 523 P.3d 1087 (Kan. Ct. App. 2023). “See K.S.A. 22-2403(2) (permitting a person who is not a law enforcement officer to arrest another person when criminal trespass has been or is being committed by the arrested person in the view of the person making the arrest).”
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