Kansas Statutes Annotated

K.S.A. § 8-2104 (2026)

When person to be taken before judge of district court; arrest at discretion of officer, when; traffic citation only in certain cases

✓ current as of May 2026

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8-2104. When person to be taken before judge of district court; arrest at discretion of officer, when; traffic citation only in certain cases. (a) When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto, if:

(1) Such person demands an immediate appearance before a judge; or

(2) such person is to be charged with a violation of K.S.A. 8-1567 and 8-1568, and amendments thereto.

(b) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a misdemeanor, and is not required to be taken before a judge of the district court as provided in subsection (a), the person, in the discretion of the law enforcement officer, may be taken into custody and taken without unnecessary delay before a judge of the district court, as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.

(c) When any person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways, which violation is a traffic infraction, and is not required to be taken before a judge of the district court as provided in subsection (a), the person shall not be taken before a judge of the district court.

(d) When any person is stopped by a law enforcement officer and is to be charged with violation of any statute defining a traffic violation which is a felony, the person shall be taken without unnecessary delay before a judge of the district court as specified in subsection (d) of K.S.A. 8-2106, and amendments thereto.

History: L. 1974, ch. 33, § 8-2104; L. 1976, ch. 145, § 32; L. 1984, ch. 39, § 21; L. 1988, ch. 50, § 1; L. 1991, ch. 43, § 1; July 1.

Notes of Decisions

Cited in 13 cases (1 in the last 5 years), 1987–2021 · leading case: State v. Lieurance, 782 P.2d 1246 (Kan. Ct. App. 1989).

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State v. Lieurance, 782 P.2d 1246 (Kan. Ct. App. 1989). · cites it 4× “See K.S.A. 1988 Supp. 8-2104(a); 8-2106(a) and (e).”

Allen v. Bd. of Com'rs of Cnty. of Wyandotte, 773 F. Supp. 1442 (D. Kan. 1991). · cites it 3× “” 4 K.S.A.1989 Supp. 8-2104(a)(2) provides that a person stopped by a law enforcement officer for violation of K.”

State v. Frazier, 811 P.2d 1240 (Kan. 1991). · cites it 2× “The State argues that 8-2117 merely sets out alternate sentences that a court may impose for persons convicted of traffic offenses who are at least 14 but less than 18 years of age.”

State v. Cuchy, 19 P.3d 152 (Kan. 2001). · cites it 2× “K.S.A. 8-2104(a) provides: “When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a…”

Fillmore v. Ordonez, 829 F. Supp. 1544 (D. Kan. 1993). “The statute upon which plaintiff relies for this argument, K.S.A.1992 Supp. 8-2104, by its terms applies only to violations of the Uniform Act Regulating Traffic on Highways (“Uniform Act”).”

State v. Schmitter, 933 P.2d 762 (Kan. Ct. App. 1997). “The State argues that under K.S.A. 8-2104(b), K.S.A. 1994 Supp. 8-2106(a)(8), and K.”

Simpson v. State of Kansas, 593 F. App'x 790 (10th Cir. 2014). “She cites this Kansas provision: (e) Except in the circumstances to which subsection (a) of K.S.A. 8-2104, and amendments thereto, apply, in the discretion of the law enforcement officer, a person charged with a misdemeanor may give written promise to appear in court by signing…”

State v. Boyle, 913 P.2d 617 (Kan. Ct. App. 1996). “22-2408 (establishing procedure for use of a notice to appear in misdemeanor cases, except that K.S.A. 8-2104 through 8-2108 govern in cases involving traffic violations).”

State v. Fraker, 739 P.2d 940 (Kan. Ct. App. 1987). · cites it 2× “K.S.A. 1985 Supp. 8-2104 specifies when a person stopped for violating the.”

Univ. of Kansas Hosp. Auth. v. Bd. of Franklin Cnty. Comm'rs (Kan. 2021). · cites it 12× “Relying on K.S.A. 8-2104, the court found the patient was in Ottawa police custody because the officers would have been required to take the patient into custody but for his injuries.”

State v. Fraker, 748 P.2d 868 (Kan. 1988). “K.S.A. 1986 Supp. 8-2104(d), requires the arresting officer to take a motorist arrested for those offenses or for any traffic violation which is a felony before a judge of the district court without unnecessary delay.”

Univ. of Kansas Hosp. Auth. v. Bd. of Franklin Cnty. Comm'rs (Kan. Ct. App. 2020). · cites it 7× “But it concluded the City's potential liability did not require resolution of these contested facts because the Ottawa police officers had a legal duty under K.S.A. 8-2104 to arrest the driver after witnessing the driver's dangerous flight from law enforcement.”

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— K.S.A. § 8-2104(a) — 4 cases

State v. Lieurance, 782 P.2d 1246 (Kan. Ct. App. 1989). “See K.S.A. 1988 Supp. 8-2104(a); 8-2106(a) and (e).”

State v. Frazier, 811 P.2d 1240 (Kan. 1991). “The State argues that 8-2117 merely sets out alternate sentences that a court may impose for persons convicted of traffic offenses who are at least 14 but less than 18 years of age.”

State v. Cuchy, 19 P.3d 152 (Kan. 2001). “K.S.A. 8-2104(a) provides: “When a person is stopped by a law enforcement officer for any violation of any provision of the uniform act regulating traffic on highways not amounting to a felony, the person shall be taken into custody and taken without unnecessary delay before a…”

Univ. of Kansas Hosp. Auth. v. Bd. of Franklin Cnty. Comm'rs (Kan. 2021). “Relying on K.S.A. 8-2104, the court found the patient was in Ottawa police custody because the officers would have been required to take the patient into custody but for his injuries.”

— K.S.A. § 8-2104(a)(2) — 3 cases

Allen v. Bd. of Com'rs of Cnty. of Wyandotte, 773 F. Supp. 1442 (D. Kan. 1991). “” 4 K.S.A.1989 Supp. 8-2104(a)(2) provides that a person stopped by a law enforcement officer for violation of K.”

Univ. of Kansas Hosp. Auth. v. Bd. of Franklin Cnty. Comm'rs (Kan. Ct. App. 2020). “But it concluded the City's potential liability did not require resolution of these contested facts because the Ottawa police officers had a legal duty under K.S.A. 8-2104 to arrest the driver after witnessing the driver's dangerous flight from law enforcement.”

— K.S.A. § 8-2104(b) — 1 case

State v. Schmitter, 933 P.2d 762 (Kan. Ct. App. 1997). “The State argues that under K.S.A. 8-2104(b), K.S.A. 1994 Supp. 8-2106(a)(8), and K.”

— K.S.A. § 8-2104(d) — 6 cases

State v. Lieurance, 782 P.2d 1246 (Kan. Ct. App. 1989). “See K.S.A. 1988 Supp. 8-2104(a); 8-2106(a) and (e).”

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