(1) A peace officer may make an arrest:
(a) In obedience to a warrant; or
(b) Without a warrant when a felony is committed in his or her presence; or
(c) Without a warrant when he or she has probable cause to believe that the
person being arrested has committed a felony; or
(d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been
committed in his or her presence; or
(e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520,
189.580, 511.080, or 525.070 has been committed in his or her presence,
except that a violation of KRS 189A.010 or KRS 281A.210 need not be
committed in his or her presence in order to make an arrest without a warrant
if the officer has probable cause to believe that the person being arrested has
violated KRS 189A.010 or KRS 281A.210;
(f) Without a warrant when a violation of KRS 508.030 has occurred in a hospital
without the officer's presence if the officer has probable cause to believe that
the person being arrested has violated KRS 508.030. As used in this
paragraph, "hospital" includes any property owned or used by a hospital as a
parking lot or parking garage; or
(g) Without a warrant when a violation of KRS 235.240(2) has occurred causing
an accident, occurring outside of the peace officer's presence, involving a
motorboat or vessel on the waters of the Commonwealth, and resulting in a
physical injury or property damage, and a commissioned peace officer has
probable cause to determine who the operator of the motorboat or vessel was
and that operator was intoxicated or under the influence of any substance that
impairs one's ability to operate the motorboat or vessel at the time of the
accident.
(2) (a) Any peace officer may arrest a person without warrant when the peace officer
has probable cause to believe that the person has intentionally or wantonly
caused physical injury to a family member, member of an unmarried couple,
or another person with whom the person was or is in a dating relationship.
(b) As used in this subsection, "dating relationship," "family member," and
"member of an unmarried couple" have the same meanings as defined in KRS
403.720 and 456.010.
(c) For the purpose of this subsection, the term "member of an unmarried couple"
has the same meaning as set out in KRS 403.720.
(3) A peace officer may arrest a person without a warrant when the peace officer has
probable cause to believe that the person is a sexual offender who has failed to
comply with the Kentucky Sex Offender Registry requirements based upon
information received from the Law Information Network of Kentucky.
(4) For purposes of subsections (2) and (3) of this section, a "peace officer" is an officer
certified pursuant to KRS 15.380.
(5) If a law enforcement officer has probable cause to believe that a person has violated
a condition of release imposed in accordance with KRS 431.064 and verifies that
the alleged violator has notice of the conditions, the officer shall, without a warrant,
arrest the alleged violator whether the violation was committed in or outside the
presence of the officer.
(6) A private person may make an arrest when a felony has been committed in fact and
he or she has probable cause to believe that the person being arrested has committed
it.
(7) If a law enforcement officer has probable cause to believe that a person has violated
a restraining order issued under KRS 508.155, then the officer shall, without a
warrant, arrest the alleged violator whether the violation was committed in or
outside the presence of the officer.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 171, sec. 3, effective June 27, 2019. -- Amended
2017 Ky. Acts ch. 23, sec. 1, effective June 29, 2017. -- Amended 2015 Ky. Acts ch.
102, sec. 42, effective January 1, 2016. -- Amended 2012 Ky. Acts ch. 128, sec. 1,
effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 170, sec. 17, effective July
15, 2010. -- Amended 2006 Ky. Acts ch. 182, sec. 24, effective July 12, 2006. --
Amended 2005 Ky. Acts ch. 132, sec. 31, effective June 20, 2005. -- Amended 2002
Ky. Acts ch. 119, sec. 3, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 23,
sec. 16, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 345, sec. 4, effective
July 15, 1996. -- Amended 1992 Ky. Acts ch. 172, sec. 14, effective July 14, 1992. --
Amended 1990 Ky. Acts ch. 455, sec. 33, effective July 13, 1990. -- Amended 1988
Ky. Acts ch. 258, sec. 5, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 165,
sec. 23, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 309, sec. 1; and ch.
312, sec. 1, effective July 15, 1980 -- Created 1962 Ky. Acts ch. 234, sec. 31.
Notes of Decisions
Atwater v. City of Lago Vista, 532 U.S. 318 (2001).
· cites it 2× “) (for "[a]ny crime, except a traffic infraction or a cigarette or tobacco infraction," committed in the officer's view); Ky. Rev. Stat. Ann. § 431.005 (1)(d) (Michie 1999) (for any offense punishable by confinement committed in the officer's presence); § 431.”
Smith v. Norton Hospitals, Inc., 488 S.W.3d 23 (Ky. Ct. App. 2016).
· cites it 3× “With that said, nothing in KRS 431.005 or KRS 431.015 limits a ■ peace officer’s arrest or citation authority to any particular location or facility; subject to exceptions, a peace officer’s jurisdiction to arrest and to issue citations typically encompasses the territorial…”
Mash v. Commonwealth, 769 S.W.2d 42 (Ky. 1989).
· cites it 8× “KRS 431.005. Id. 577 S.W.2d 34 at 36 . There is a marked difference between Cooper and the instant case.”
Posey v. Commonwealth, 185 S.W.3d 170 (Ky. 2006).
· cites it 3× “[2] He contends that while the police would have been justified in arresting him and seizing the marijuana had he been located in a public place, see KRS 431.005(1)(d) (permitting warrantless arrests for misdemeanors committed in the officer's presence), the Fourth Amendment…”
Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016).
· cites it 3× “202(1) is a misdemeanor, pursuant to KRS 431.005, the officer’s only avenue for making a proper arrest was to obtain an arrest warrant based upon probable cause to believe that Appellant’s earlier behavior satisfied the elements of KRS 222.”
Commonwealth v. Fields, 194 S.W.3d 255 (Ky. 2006).
· cites it 4× “Standard for Arrest Fields argues that pursuant to KRS 431.005, an arrest for trespassing cannot be based on probable cause.”
Talbott v. Commonwealth, 968 S.W.2d 76 (Ky. 1998).
· cites it 2× “KRS 431.005(1)(c); United States v. Calandrella, 605 F.”
Williams v. Commonwealth, 147 S.W.3d 1 (Ky. 2004).
· cites it 2× “At common law, a peace officer was authorized to arrest without a warrant for a felony not committed in his presence if there were reasonable grounds for making the arrest.”
Stogner v. Commonwealth, 35 S.W.3d 831 (Ky. Ct. App. 2000).
· cites it 7× “First, her reliance on KRS 431.005 is misplaced. KRS 433.236 specifically addresses the detention and arrest of persons suspected of shoplifting: (1)A peace officer, security agent of a mercantile establishment, merchant or merchant’s employee who has probable cause for…”
Meghoo v. Commonwealth, 245 S.W.3d 752 (Ky. 2008).
· cites it 5× “KRS 431.005 limits the definition of peace officers who may arrest in some instances (domestic violence incidents and for Kentucky Sex Offender Registry violations) to those certified pursuant to KRS 15.”
Estep v. Combs, 366 F. Supp. 3d 863 (E.D. Ky. 2018).
“060, has been committed in his or her presence[.]"); KRS 150.090(1) ("Conservation officers appointed by the commissioner shall have full powers as peace officers for the enforcement of all of the laws of the Commonwealth[.”
United States v. Jermaine Jones, 953 F.3d 433 (6th Cir. 2020).
“See Ky. Rev. Stat. Ann. § 431.005 (1). But its prerogative to experiment with greater constitutional protections does not require the Fourth Amendment to do the same.”
— Ky. Rev. Stat. § 431.005(1) — 14 cases
Smith v. Norton Hospitals, Inc., 488 S.W.3d 23 (Ky. Ct. App. 2016).
“With that said, nothing in KRS 431.005 or KRS 431.015 limits a ■ peace officer’s arrest or citation authority to any particular location or facility; subject to exceptions, a peace officer’s jurisdiction to arrest and to issue citations typically encompasses the territorial…”
Estep v. Combs, 366 F. Supp. 3d 863 (E.D. Ky. 2018).
“060, has been committed in his or her presence[.]"); KRS 150.090(1) ("Conservation officers appointed by the commissioner shall have full powers as peace officers for the enforcement of all of the laws of the Commonwealth[.”
— Ky. Rev. Stat. § 431.005(1)(a) — 1 case
— Ky. Rev. Stat. § 431.005(1)(c) — 7 cases
Williams v. Commonwealth, 147 S.W.3d 1 (Ky. 2004).
“At common law, a peace officer was authorized to arrest without a warrant for a felony not committed in his presence if there were reasonable grounds for making the arrest.”
Mash v. Commonwealth, 769 S.W.2d 42 (Ky. 1989).
“KRS 431.005. Id. 577 S.W.2d 34 at 36 . There is a marked difference between Cooper and the instant case.”
— Ky. Rev. Stat. § 431.005(1)(d) — 9 cases
Posey v. Commonwealth, 185 S.W.3d 170 (Ky. 2006).
“[2] He contends that while the police would have been justified in arresting him and seizing the marijuana had he been located in a public place, see KRS 431.005(1)(d) (permitting warrantless arrests for misdemeanors committed in the officer's presence), the Fourth Amendment…”
Mash v. Commonwealth, 769 S.W.2d 42 (Ky. 1989).
“KRS 431.005. Id. 577 S.W.2d 34 at 36 . There is a marked difference between Cooper and the instant case.”
— Ky. Rev. Stat. § 431.005(1)(e) — 3 cases
— Ky. Rev. Stat. § 431.005(2) — 4 cases
— Ky. Rev. Stat. § 431.005(2)(a) — 4 cases
— Ky. Rev. Stat. § 431.005(3) — 1 case
— Ky. Rev. Stat. § 431.005(4) — 1 case
— Ky. Rev. Stat. § 431.005(a) — 2 cases
Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016).
“202(1) is a misdemeanor, pursuant to KRS 431.005, the officer’s only avenue for making a proper arrest was to obtain an arrest warrant based upon probable cause to believe that Appellant’s earlier behavior satisfied the elements of KRS 222.”
— Ky. Rev. Stat. § 431.005(d) — 2 cases
Maloney v. Commonwealth, 489 S.W.3d 235 (Ky. 2016).
“202(1) is a misdemeanor, pursuant to KRS 431.005, the officer’s only avenue for making a proper arrest was to obtain an arrest warrant based upon probable cause to believe that Appellant’s earlier behavior satisfied the elements of KRS 222.”
— Ky. Rev. Stat. § 431.005(l)(a) — 1 case
— Ky. Rev. Stat. § 431.005(l)(c) — 5 cases
Meghoo v. Commonwealth, 245 S.W.3d 752 (Ky. 2008).
“KRS 431.005 limits the definition of peace officers who may arrest in some instances (domestic violence incidents and for Kentucky Sex Offender Registry violations) to those certified pursuant to KRS 15.”
— Ky. Rev. Stat. § 431.005(l)(d) — 4 cases
Stogner v. Commonwealth, 35 S.W.3d 831 (Ky. Ct. App. 2000).
“First, her reliance on KRS 431.005 is misplaced. KRS 433.236 specifically addresses the detention and arrest of persons suspected of shoplifting: (1)A peace officer, security agent of a mercantile establishment, merchant or merchant’s employee who has probable cause for…”
— Ky. Rev. Stat. § 431.005(l)(d)(e) — 1 case
Commonwealth v. Fields, 194 S.W.3d 255 (Ky. 2006).
“Standard for Arrest Fields argues that pursuant to KRS 431.005, an arrest for trespassing cannot be based on probable cause.”
— Ky. Rev. Stat. § 431.005(l)(e) — 2 cases
Smith v. Norton Hospitals, Inc., 488 S.W.3d 23 (Ky. Ct. App. 2016).
“With that said, nothing in KRS 431.005 or KRS 431.015 limits a ■ peace officer’s arrest or citation authority to any particular location or facility; subject to exceptions, a peace officer’s jurisdiction to arrest and to issue citations typically encompasses the territorial…”
Commonwealth v. Fields, 194 S.W.3d 255 (Ky. 2006).
“Standard for Arrest Fields argues that pursuant to KRS 431.005, an arrest for trespassing cannot be based on probable cause.”
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