Kentucky Revised Statutes
Ky. Rev. Stat. § 440.280 (2026)
Arrest may be made without warrant -- Conditions -- Procedure
✓ current as of May 2026
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The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one (1) year, but when so arrested the accused must be taken before a judge with all practicable speed and complaint must be made against him under oath setting forth the ground for the arrest as in the preceding section; and thereafter his answer shall be heard as if he had been arrested on a warrant. Effective: June 16, 1960 History: Created 1960 Ky. Acts ch. 135, sec. 15, effective June 16, 1960.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1997–2024 · leading case: Baze v. Commonwealth, 965 S.W.2d 817 (Ky. 1997).
Baze v. Commonwealth, 965 S.W.2d 817 (Ky. 1997). “KRS 440.280. The admonition was a correct statement of law and affords no basis for a claim of error.”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004). “270(2) denies him equal protection under the law because KRS 440.280 permits a private person to arrest a fugitive from bail whereas KRS 440.”
Hardy v. State, 804 So. 2d 247 (Ala. Crim. App. 1999). “Ky.Rev.Stat. Ann. § 440.280 (Michie 1985), states the following: "The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime…”
Damon Suiter v. Commonwealth of Kentucky (Ky. Ct. App. 2024). “270 is one method, KRS 440.280 provides an alternative and states that [t]he arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in 3 Suiter chose not to testify to…”
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