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

K.S.A. § 22-2406 (2026)

Release by officer of person arrested

✓ current as of May 2026
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22-2406. Release by officer of person arrested. A law enforcement officer having custody of a person arrested without a warrant is authorized to release the person without requiring him to appear before a court when the officer is satisfied that there are no grounds for criminal complaint against the person arrested.

History: L. 1970, ch. 129, § 22-2406; July 1.

Notes of Decisions
Cited in 4 cases, 1980–2002 · leading case: Stephens v. Van Arsdale, 608 P.2d 972 (Kan. 1980).
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Stephens v. Van Arsdale, 608 P.2d 972 (Kan. 1980). · cites it 2× “(1) Whenever any person has been arrested for the violation of any ordinance of any city, the resolution of any county in this state or any law of this state and the charges have been dismissed or the person has been found not guilty by a court or jury or where the person…”
State v. Hamman, 41 P.3d 809 (Kan. 2002). “I also know the law and K.S.A. 22-2406 anticipates those cases when the officer has probable cause to stop the vehicle and then subsequent determination leads to believe that they no longer have probable cause and they can release the individual and that is what could have…”
State v. Mezins, 605 P.2d 159 (Kan. Ct. App. 1980). “It is equally clear that Stackhouse still had reason to believe defendant had committed the crime at the time of the “unarrest”; therefore K.S.A. 22-2406 would not, as defendant would have us believe, be applicable.”
State v. Sodders, 856 P.2d 1360 (Kan. Ct. App. 1993). “The State takes a narrow view of Article 24, ignoring the sections which address release of persons arrested, K.S.A. 22-2406, and crimes committed by corporations, K.”
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