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

K.S.A. § 22-2405 (2026)

Method of arrest

✓ current as of May 2026
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22-2405. Method of arrest. (1) An arrest is made by an actual restraint of the person arrested or by his submission to custody.

(2) An arrest may be made on any day and at any time of the day or night.

(3) All necessary and reasonable force may be used to effect an entry upon any building or property or part thereof to make an authorized arrest.

History: L. 1970, ch. 129, § 22-2405; July 1.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1977–2022 · leading case: State v. McCloud, 891 P.2d 324 (Kan. 1995).
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State v. McCloud, 891 P.2d 324 (Kan. 1995). · cites it 4× “Prior to our discussion of this issue, it is interesting to note that the language of K.S.A. 22-2405(3) dealing with force that can be used in affecting an arrest is similar to that used in K.”
State v. Jordan, 605 P.2d 646 (Or. 1980). · cites it 2× “The statutes in six states authorize forcible entries for purposes of arrest if the arrest is under a warrant or for a felony.”
State v. Hill, 130 P.3d 1 (Kan. 2006). “22-2202(4); K.S.A. 22-2405(1). This court has recognized a range of actions to establish when an arrest occurs.”
State v. Coleman, 257 P.3d 320 (Kan. 2011). “See K.S.A. 22-2405(1) On a motion to suppress evidence, this court generally reviews the factual findings underlying the district court’s suppression decision by a substantial competent evidence standard and the ultimate legal conclusion drawn from those factual findings by a de…”
State v. Payne, 44 P.3d 419 (Kan. 2002). “” K.S.A. 22-2405. Further, in Alvarado v. City of Dodge City, 238 Kan.”
State v. Laws, 655 A.2d 1131 (Conn. App. Ct. 1995). “2d 492 (1982), citing Kan. Stat. Ann. § 22-2405 (1); State v. Daley, 411 A.”
State v. Ruden, 774 P.2d 972 (Kan. 1989). “” K.S.A. 22-2405 The State argues that, because the officers had warrants issued in a civil case authorizing the arrest of Robert Ruden, these criminal procedure statutes allowed them to enter the building at 901 Buchanan without obtaining a warrant based upon probable cause or…”
City of Norton v. Wonderly, 172 P.3d 1205 (Kan. Ct. App. 2007). “If the answer is “yes,” then we must determine whether Morel had probable cause to arrest Wonderly for DUI at the time he was transported to the sheriff s office.”
United States v. Maurice Harper, 550 F.2d 610 (10th Cir. 1977). “K.S.A. 22-2405 In the absence of a contrary federal statute, as in the case at hand, the validity of an arrest is controlled by the law of the state where the arrest occurred.”
State v. McClain, 899 P.2d 993 (Kan. 1995). “An arrest is the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime.”
State v. Hagan, 598 P.2d 550 (Kan. Ct. App. 1979). “K.S.A. 22-2405. The admissibility of the evidence here is not approved by finding the officers properly seized evidence in plain view when they were lawfully present.”
State v. Logan, 654 P.2d 492 (Kan. Ct. App. 1982). “K.S.A. 22-2405(1) provides: “An arrest is made by an actual restraint of the person arrested or by his submission to custody.”
Show all 21 citing cases →
— K.S.A. § 22-2405(1) — 9 cases
State v. Hill, 130 P.3d 1 (Kan. 2006). “22-2202(4); K.S.A. 22-2405(1). This court has recognized a range of actions to establish when an arrest occurs.”
State v. Coleman, 257 P.3d 320 (Kan. 2011). “See K.S.A. 22-2405(1) On a motion to suppress evidence, this court generally reviews the factual findings underlying the district court’s suppression decision by a substantial competent evidence standard and the ultimate legal conclusion drawn from those factual findings by a de…”
City of Norton v. Wonderly, 172 P.3d 1205 (Kan. Ct. App. 2007). “If the answer is “yes,” then we must determine whether Morel had probable cause to arrest Wonderly for DUI at the time he was transported to the sheriff s office.”
State v. McClain, 899 P.2d 993 (Kan. 1995). “An arrest is the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime.”
State v. Logan, 654 P.2d 492 (Kan. Ct. App. 1982). “K.S.A. 22-2405(1) provides: “An arrest is made by an actual restraint of the person arrested or by his submission to custody.”
— K.S.A. § 22-2405(3) — 4 cases
State v. McCloud, 891 P.2d 324 (Kan. 1995). “Prior to our discussion of this issue, it is interesting to note that the language of K.S.A. 22-2405(3) dealing with force that can be used in affecting an arrest is similar to that used in K.”
State v. Beal, 994 P.2d 669 (Kan. Ct. App. 2000).
Williams v. C-U-Out Bail Bonds (Kan. Ct. App. 2017).
Allen v. Marysville Mut. Ins. Co. (Kan. Ct. App. 2017).
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