8-1570.
Authority of police officer to remove vehicle in violation of K.S.A. 8-1569 from highway.
(a) Whenever any police officer finds a vehicle in violation of any of the provisions of K.S.A. 8-1569, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the roadway.
(b) Any police officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway, or in any tunnel, in such position or under such circumstances as to obstruct the normal movement of traffic.
(c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:
(1) Report has been made that such vehicle has been stolen or taken without the consent of its owner;
(2) The person or persons in charge of such vehicle are unable to provide for its custody or removal; or
(3) When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a judge of the district court without unnecessary delay.
History:
L. 1974, ch. 33, § 8-1570; L. 1976, ch. 145, § 31; January 10, 1977.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1979–2021 · leading case:
State v. Shelton, 93 P.3d 1200 (Kan. 2004).
State v. Shelton, 93 P.3d 1200 (Kan. 2004).
· cites it 8× “8-1569 and K.S.A. 8-1570 on this issue, as neither the parties nor the Court of Appeals relied upon this authority in their arguments or analysis.”
Hartford Ins. v. Overland Body Tow, Inc., 724 P.2d 687 (Kan. Ct. App. 1986).
· cites it 3× “8-1570 provides, in relevant part: “(c) Any police officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when: *375 “(2) The person or persons in charge of such vehicle are unable to provide…”
State v. Urban, 595 P.2d 352 (Kan. Ct. App. 1979).
“K.S.A. 1978 Supp. 8-1570 permits the police to remove a vehicle from a highway or a roadway under certain conditions not applicable in this case.”
State v. Burton (Kan. Ct. App. 2020).
· cites it 3× “So any driver coming behind it or approaching it, um, it's—based on my experience, it's not uncommon for people to swerve, last minute, when they see a vehicle come up suddenly.”
State v. Herron (Kan. Ct. App. 2021).
· cites it 3× “For starters, although the State has never relied upon K.S.A. 8-1570(c)(3) to support the troopers' impoundment, it seems the State could have.”
— K.S.A. § 8-1570(b) — 1 case
State v. Shelton, 93 P.3d 1200 (Kan. 2004).
“8-1569 and K.S.A. 8-1570 on this issue, as neither the parties nor the Court of Appeals relied upon this authority in their arguments or analysis.”
— K.S.A. § 8-1570(c)(3) — 2 cases
State v. Herron (Kan. Ct. App. 2021).
“For starters, although the State has never relied upon K.S.A. 8-1570(c)(3) to support the troopers' impoundment, it seems the State could have.”
State v. Burton (Kan. Ct. App. 2020).
“So any driver coming behind it or approaching it, um, it's—based on my experience, it's not uncommon for people to swerve, last minute, when they see a vehicle come up suddenly.”
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