Ky. Rev. Stat. » Chapter 431
Kentucky Revised Statutes

Ky. Rev. Stat. § 431.025 (2026)

Notice of intention to arrest -- Act of arrest -- Force

✓ current as of May 2026
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(1) The person making an arrest shall inform the person about to be arrested of the intention to arrest him, and of the offense for which he is being arrested. (2) An arrest is made by placing the person being arrested in restraint, or by his submission to the custody of the person making the arrest. The submission shall be in the actual presence of the arrester. (3) No unnecessary force or violence shall be used in making an arrest. History: Created 1962 Ky. Acts ch. 234, sec. 35.

Notes of Decisions
Cited in 21 cases (8 in the last 5 years), 1967–2026 · leading case: Woodcock v. City of Bowling Green, 165 F. Supp. 3d 563 (W.D. Ky. 2016).
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Woodcock v. City of Bowling Green, 165 F. Supp. 3d 563 (W.D. Ky. 2016). · cites it 2× “2d at 74 (citing KRS 431.025(3) (prohibiting unnecessary force in making an arrest and impliedly permitting necessary force)).”
Baker v. Commonwealth, 860 S.W.2d 760 (Ky. 1993). · cites it 3× “Baker’s next complaint is that the handgun should be suppressed because the police, in contravention of KRS 431.025, 2 never told him that he was being arrested or for what he was being arrested.”
Haugh v. City of Louisville, 242 S.W.3d 683 (Ky. Ct. App. 2007). “KRS 431.025(3). But, he is entitled to use such force as is necessary, or reasonably appears so, to take a suspect into custody.”
Turley v. Commonwealth, 399 S.W.3d 412 (Ky. 2013). “” Our view in this regard is consistent with the legislative purpose of KRS 431.025, which requires an officer making an arrest to “inform the person about to be arrested of the intention to arrest him, and of the offense for which he is being arrested.”
Lackey v. Commonwealth, 468 S.W.3d 348 (Ky. 2015). “KRS 431.025(2). . KRS 520.010 Commentary (1976).”
City of Lexington v. Gray, 499 S.W.2d 72 (Ky. Ct. App. 1973). “We pointed out that the officer may use such force as was necessary or reasonably appeared to him to be necessary to take into custody the person he is seeking to arrest. It is true that Maggard was a criminal case, however this same rule applies in the matter before us, the…”
Mattis v. Schnarr, 404 F. Supp. 643 (E.D. Mo. 1975). “§ 21-3215 (1970) Kentucky: Ky.Rev.Stat. § 431.025 (1974) Louisiana: La.”
Little v. Commonwealth, 438 S.W.2d 527 (Ky. Ct. App. 1969). “The motion was overruled but was renewed and preserved throughout the trial.”
Lawson v. Burnett, 471 S.W.2d 726 (Ky. Ct. App. 1971). “” In executing a warrant of arrest, the officer must inform the person named in the warrant of his purpose and the offense for which the arrest is being made. Then, he either places the subject in restraint or the subject voluntarily places himself in the custody of the officer.”
Hayes v. Commonwealth, 458 S.W.2d 3 (Ky. Ct. App. 1970). “In these circumstances the arrest was valid because the arresting officers were acting in an emergency and had no opportunity to inform appellant of their intentions to arrest him for the offense of carrying a concealed deadly weapon.”
Harrison v. Ellison (W.D. Ky. 2023). · cites it 5× “inst Ellison and the City; (Count V) assault and battery against Ellison and the City; (Count VI) false arrest and/or imprisonment against Ellison and the City; (Count VII) negligence, gross negligence, and negligence per se against Ellison and the City; (Count VIII) negligent…”
Eurton v. Thomas (W.D. Ky. 2025). · cites it 4× “Plaintiffs argue that Defendants violated KRS 431.025 and acted in bad faith. (Compl.”
Show all 21 citing cases →
— Ky. Rev. Stat. § 431.025(1) — 2 cases
Little v. Commonwealth, 438 S.W.2d 527 (Ky. Ct. App. 1969). “The motion was overruled but was renewed and preserved throughout the trial.”
Hayes v. Commonwealth, 458 S.W.2d 3 (Ky. Ct. App. 1970). “In these circumstances the arrest was valid because the arresting officers were acting in an emergency and had no opportunity to inform appellant of their intentions to arrest him for the offense of carrying a concealed deadly weapon.”
— Ky. Rev. Stat. § 431.025(2) — 1 case
Lackey v. Commonwealth, 468 S.W.3d 348 (Ky. 2015). “KRS 431.025(2). . KRS 520.010 Commentary (1976).”
— Ky. Rev. Stat. § 431.025(3) — 9 cases
Woodcock v. City of Bowling Green, 165 F. Supp. 3d 563 (W.D. Ky. 2016). “2d at 74 (citing KRS 431.025(3) (prohibiting unnecessary force in making an arrest and impliedly permitting necessary force)).”
Haugh v. City of Louisville, 242 S.W.3d 683 (Ky. Ct. App. 2007). “KRS 431.025(3). But, he is entitled to use such force as is necessary, or reasonably appears so, to take a suspect into custody.”
City of Lexington v. Gray, 499 S.W.2d 72 (Ky. Ct. App. 1973). “We pointed out that the officer may use such force as was necessary or reasonably appeared to him to be necessary to take into custody the person he is seeking to arrest. It is true that Maggard was a criminal case, however this same rule applies in the matter before us, the…”
Lawson v. Burnett, 471 S.W.2d 726 (Ky. Ct. App. 1971). “” In executing a warrant of arrest, the officer must inform the person named in the warrant of his purpose and the offense for which the arrest is being made. Then, he either places the subject in restraint or the subject voluntarily places himself in the custody of the officer.”
Ransom v. Evans (W.D. Ky. 2023).
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