Kansas Statutes Annotated

K.S.A. § 22-2901 (2026)

Appearance before the magistrate

✓ current as of May 2026

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22-2901. Appearance before the magistrate. (1) Except as provided in subsection (7), when an arrest is made in the county where the crime charged is alleged to have been committed, the person arrested shall be taken without unnecessary delay before a magistrate of the court from which the warrant was issued. If the arrest has been made on probable cause, without a warrant, he shall be taken without unnecessary delay before the nearest available magistrate and a complaint shall be filed forthwith.

(2) Except as provided in subsection (7), when an arrest is made in a county other than where the crime charged is alleged to have been committed, the person arrested may be taken directly to the county wherein the crime is alleged to have been committed without unnecessary delay or at the request of the defendant he shall be taken without unnecessary delay before the nearest available magistrate. Such magistrate shall ascertain the nature of the crime charged in the warrant and the amount of the bond, if any, endorsed on the warrant. If no warrant for the arrest of the person is before the magistrate he shall make use of telephonic, telegraphic or radio communication to ascertain the nature of the charge and the substance of any warrant that has been issued. If no warrant has been issued, a complaint shall be filed and a warrant issued in the county where the crime is alleged to have been committed, and the nature of the charge, the substance of the warrant, and the amount of the bond shall be communicated to the magistrate before whom the defendant is in custody. Upon receipt of such information, the magistrate shall proceed as hereinafter provided.

(3) The magistrate shall fix the terms and conditions of the appearance bond upon which the defendant may be released. If the first appearance is before a magistrate in a county other than where the crime is alleged to have been committed, the magistrate may release the defendant on an appearance bond in an amount not less than that endorsed on the warrant. The defendant shall be required to appear before the magistrate who issued the warrant or a magistrate of a court having jurisdiction on a day certain, not more than 14 days thereafter.

(4) If the defendant is released on an appearance bond to appear before the magistrate in another county, the magistrate who accepts the appearance bond shall forthwith transmit such appearance bond and all other papers relating to the case to the magistrate before whom the defendant is to appear.

(5) If the person arrested cannot provide an appearance bond, or if the crime is not bailable, the magistrate shall commit him to jail pending further proceedings or shall order him delivered to a law enforcement officer of the county where the crime is alleged to have been committed.

(6) The provisions of this section shall not apply to a person who is arrested on a bench warrant. Such persons shall without unnecessary delay be taken before the magistrate who issued the bench warrant.

(7) If a person is arrested on a warrant or arrested on probable cause without a warrant, pursuant to a violation of subsection (a)(1)(C) of K.S.A. 21-5808, and amendments thereto, such person shall not be allowed to post bond pending such person's first appearance in court provided that a first appearance occurs within 48 hours after arrest. The magistrate may fix as a condition of release on the appearance bond that such person report to a court services officer. Nothing in this section shall be construed to be an unnecessary delay as such term is used in this section.

History: L. 1970, ch. 129, § 22-2901; L. 1996, ch. 211, § 3; L. 2010, ch. 135, § 16; L. 2011, ch. 30, § 119; July 1.

Notes of Decisions

Cited in 30 cases (5 in the last 5 years), 1974–2025 · leading case: State v. Crouch & Reeder, 641 P.2d 394 (Kan. 1982).

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State v. Crouch & Reeder, 641 P.2d 394 (Kan. 1982). · cites it 28× “: This is an appeal by the State from orders dismissing a criminal complaint previously filed against the defendants, Bryan Lee Crouch and Gregory Allen Reeder, because the State did not comply with the provisions of K.S.A. 22-2901, by failing to take the defendants before a…”

State v. Scott, 183 P.3d 801 (Kan. 2008). · cites it 8× “Denial of Timely First Appearance Scott next contends inculpatory statements made during interrogation should be suppressed *818 as the statements resulted from the State's failure to comply with K.S.A. 22-2901. He further contends this failure resulted in deprivation of…”

State v. Cuchy, 19 P.3d 152 (Kan. 2001). · cites it 12× “More specifically, we need to determine whether the policy constitutes an “unnecessary delay” under K.S.A. 2000 Supp. 22-2901 (1), or violates the Fifth Amendment Due Process and Double Jeopardy Clauses, or violates the right to make bail under Section 9 of the Kansas…”

State v. Parker, 430 P.3d 975 (Kan. 2018). · cites it 4× “Parker's seizure Generally, when an arrest is made, with or without a warrant, the person arrested "shall be taken without unnecessary delay before a magistrate" under K.S.A. 2017 Supp. 22-2901(1), which reads: "[W]hen an arrest is made .”

State v. Wakefield, 977 P.2d 941 (Kan. 1999). · cites it 4× “Unnecessary Delay K.S.A. 1998 Supp. 22-2901(1) provides, in part, that when an arrest is made in the county where the crime charged is alleged to have been committed, the person arrested shall be taken without unnecessary delay before the nearest magistrate and a complaint shall…”

State v. Rivera, 83 P.3d 169 (Kan. 2004). · cites it 3× “In Crouch & Reeder, this court concluded that the State’s 11-day delay in bringing the defendants before a magistrate for a first appearance pursuant to K.S.A. 22-2901 did not warrant dismissal of the charges.”

State v. Hartman, 998 P.2d 128 (Kan. Ct. App. 2000). · cites it 6× “Defendant argues the charges should have been dismissed because the State failed to bring him before a magistrate without unnecessary delay in violation of K.S.A. 22-2901. He also argues that his statutory and constitutional speedy trial rights were violated.”

State v. Taylor, 594 P.2d 262 (Kan. Ct. App. 1979). · cites it 2× “The purpose of the first appearance pursuant to K.S.A. 22-2901 is to insure that any person arrested is held on a proper charge and to secure to such person the earliest possible opportunity for bail.”

Roeder v. State, 444 P.3d 379 (Kan. Ct. App. 2019). · cites it 2× “Unlike a preliminary hearing, the Kansas statute governing first court appearances provides, in relevant part: "(1) Except as provided in subsection (7), when an arrest is made in the county where the crime charged is alleged to have been committed, the person arrested shall be…”

State v. Goodseal, 553 P.2d 279 (Kan. 1976). “K.S.A. 22-2901 mandates that after arrest an accused be taken before a magistrate "without unnecessary delay".”

State v. Duncan, 562 P.2d 84 (Kan. 1977). “On the following day he was not taken before a magistrate without unnecessary delay as is mandated by K.S.A. 22-2901. Instead, he remained in custody, without knowledge of any charges pending against him, and without counsel.”

Jenkins v. Chief Just. of the Dist. Court Dept., 619 N.E.2d 324 (Mass. 1993). “22 (1993); Kan. Stat. Ann. § 22-2901 (1988); Ky. R. Crim.”

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— K.S.A. § 22-2901(1) — 13 cases

State v. Parker, 430 P.3d 975 (Kan. 2018). “Parker's seizure Generally, when an arrest is made, with or without a warrant, the person arrested "shall be taken without unnecessary delay before a magistrate" under K.S.A. 2017 Supp. 22-2901(1), which reads: "[W]hen an arrest is made .”

State v. Wakefield, 977 P.2d 941 (Kan. 1999). “Unnecessary Delay K.S.A. 1998 Supp. 22-2901(1) provides, in part, that when an arrest is made in the county where the crime charged is alleged to have been committed, the person arrested shall be taken without unnecessary delay before the nearest magistrate and a complaint shall…”

State v. Scott, 183 P.3d 801 (Kan. 2008). “Denial of Timely First Appearance Scott next contends inculpatory statements made during interrogation should be suppressed *818 as the statements resulted from the State's failure to comply with K.S.A. 22-2901. He further contends this failure resulted in deprivation of…”

State v. Cuchy, 19 P.3d 152 (Kan. 2001). “More specifically, we need to determine whether the policy constitutes an “unnecessary delay” under K.S.A. 2000 Supp. 22-2901 (1), or violates the Fifth Amendment Due Process and Double Jeopardy Clauses, or violates the right to make bail under Section 9 of the Kansas…”

Roeder v. State, 444 P.3d 379 (Kan. Ct. App. 2019). “Unlike a preliminary hearing, the Kansas statute governing first court appearances provides, in relevant part: "(1) Except as provided in subsection (7), when an arrest is made in the county where the crime charged is alleged to have been committed, the person arrested shall be…”

— K.S.A. § 22-2901(3) — 1 case

— K.S.A. § 22-2901(5) — 1 case

Lingenfelter v. Bd. of Cnty. Commissioners of Reno Cnty., 359 F. Supp. 2d 1163 (D. Kan. 2005).

— K.S.A. § 22-2901(6) — 1 case

State v. Flummerfelt, 684 P.2d 363 (Kan. 1984).

— K.S.A. § 22-2901(7) — 2 cases

State v. Palma, 128 P.3d 999 (Kan. Ct. App. 2006).

City of Wichita v. Grasty, 500 P.3d 1201 (Kan. Ct. App. 2021).

— K.S.A. § 22-2901(l) — 1 case

State v. Rickerson, 276 P.3d 240 (Kan. Ct. App. 2012).

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