Printable Format22-2202. Definitions. (a) "Absconds from supervision" means knowingly avoiding supervision or knowingly making the defendant's whereabouts unknown to the defendant's supervising court services officer or community correctional services officer.
(b) "Appellate court" means the supreme court or court of appeals, depending on the context in which the term is used and the respective jurisdiction of those courts over appeals in criminal cases, as provided in K.S.A. 22-3601, and amendments thereto.
(c) "Appearance bond" means an agreement, with or without security, entered into by a person in custody by which the person is bound to comply with the conditions specified in the agreement.
(d) "Arraignment" means the formal act of calling the defendant before a court having jurisdiction to impose sentence for the offense charged, informing the defendant of the offense with which the defendant is charged, and asking the defendant whether the defendant is guilty or not guilty.
(e) "Arrest" means the taking of a person into custody in order that the person may be forthcoming to answer for the commission of a crime. The giving of a notice to appear is not an arrest.
(f) "Bail" means the security given for the purpose of insuring compliance with the terms of an appearance bond.
(g) "Bind over" means require a defendant to appear and answer before a district judge having jurisdiction to try the defendant for the felony with which the defendant is charged.
(h) "Charge" means a written statement presented to a court accusing a person of the commission of a crime and includes a complaint, information or indictment.
(i) "Complaint" means a written statement under oath of the essential facts constituting a crime, except that a citation or notice to appear issued by a law enforcement officer pursuant to and in compliance with K.S.A. 8-2106, and amendments thereto, or a citation or notice to appear issued pursuant to and in compliance with K.S.A. 32-1049, and amendments thereto, shall be deemed a valid complaint if it is signed by the law enforcement officer.
(j) "Custody" means the restraint of a person pursuant to an arrest or the order of a court or magistrate.
(k) "Detention" means the temporary restraint of a person by a law enforcement officer.
(l) "Indictment" means a written statement, presented by a grand jury to a court, which charges the commission of a crime.
(m) "Information" means a verified written statement signed by a county attorney or other authorized representative of the state of Kansas presented to a court, which charges the commission of a crime. An information verified upon information and belief by the county attorney or other authorized representative of the state of Kansas shall be sufficient.
(n) "Law enforcement officer" means any person who by virtue of office or public employment is vested by law with a duty to maintain public order or to make arrests for violation of the laws of the state of Kansas or ordinances of any municipality thereof or with a duty to maintain or assert custody or supervision over persons accused or convicted of crime, and includes court services officers, community corrections officers, parole officers and directors, security personnel and keepers of correctional institutions, jails or other institutions for the detention of persons accused or convicted of crime, while acting within the scope of their authority.
(o) "Magistrate" means an officer having power to issue a warrant for the arrest of a person charged with a crime and includes justices of the supreme court, judges of the court of appeals and judges of district courts.
(p) "Notice to appear" means a written request, issued by a law enforcement officer, that a person appear before a designated court at a stated time and place.
(q) "Preliminary examination" means a hearing before a magistrate on a complaint or information to determine if a felony has been committed and if there is probable cause to believe that the person charged committed such felony.
(r) "Prosecuting attorney" means any attorney who is authorized by law to appear for and on behalf of the state of Kansas in a criminal case, and includes the attorney general, an assistant attorney general, the county or district attorney, an assistant county or district attorney and any special prosecutor whose appearance is approved by the court. In the case of prosecution for violation of a city ordinance, "prosecuting attorney" means the city attorney or any assistant city attorney.
(s) "Search warrant" means a written order made by a magistrate directed to a law enforcement officer commanding the officer to search the premises described in the search warrant and to seize property described or identified in the search warrant.
(t) "Summons" means a written order issued by a magistrate directing that a person appear before a designated court at a stated time and place and answer to a charge pending against the person.
(u) "Warrant" means a written order made by a magistrate directed to any law enforcement officer commanding the officer to arrest the person named or described in the warrant.
History: L. 1970, ch. 129, § 22-2202; L. 1971, ch. 114, § 2; L. 1972, ch. 120, § 1; L. 1975, ch. 33, § 5; L. 1975, ch. 178, § 20; L. 1976, ch. 163, § 1; L. 1978, ch. 365, § 2; L. 1984, ch. 112, § 6; L. 1986, ch. 115, § 54; L. 1986, ch. 150, § 1; L. 1986, ch. 133, § 1; L. 1988, ch. 50, § 4; L. 1989, ch. 118, § 175; L. 2015, ch. 89, § 4; L. 2021, ch. 105, § 3; July 1.
Source or Prior Law:
62-1008, 62-1009, 62-1201.
Cross References to Related Sections:
Requirements for lawful complaint for prosecution under uniform act regulating traffic on highways, see 8-2108.
Additional definitions applicable to procedure for obtaining order authorizing interception of wire and oral communications, see 22-2514.
Law Review and Bar Journal References:
"Arrest Under the New Kansas Criminal Code," Keith G. Meyer, 20 K.L.R. 685, 687, 690, 692, 693, 715 (1972).
"A Comment on Kansas' New Drunk Driving Law," Joseph Brian Cox and Donald G. Strole, 51 J.K.B.A. 230, 233 (1982).
"Reform in Kansas Domestic Violence Legislation," David J. Gottlieb and L. Eric Johnson, 31 K.L.R. 527, 538 (1983).
Survey of Recent Cases, 46 K.L.R. 899 (1998).
"The potential civil liability of law enforcement officers and agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).
"Sidelining the Prosecutor in a Criminal Case," Daniel E. Monnat, Paige A. Nichols, J.K.T.L.A. Vol. 30, No. 6, 11 (2007).
Criminal Procedure Survey, 55 K.L.R. 797 (2007).
"They Didn't Look Right to Me! Reasonable Suspicion in Kansas: Through Whose Eyes is it Viewed?" Colin D. Wood, 76 J.K.B.A. No. 8, 16 (2007).
Attorney General's Opinions:
Law enforcement training center; imposition and collection of assessments therefor. 79-38.
Traffic offenders; arrest and incarceration. 79-232.
Definition of dog warden; filing of complaint by dog warden. 80-186.
Sheriff; duties of sheriff and local police to enforce felonies. 82-274.
Identification and detection of crimes and criminals; officers to take fingerprints of suspected violators. 84-89.
Ability of a retail liquor licensee to be a Riley county commissioner. 86-99.
Driving under the influence of alcohol or drugs; search warrants; use in municipal courts. 86-148.
Preliminary proceedings; service of warrants. 86-161.
Crime of "unlawful disclosure of a warrant" prohibits disclosure, before execution of warrant, of complaint which leads to arrest warrant issuance. 87-100.
University police officers have no law enforcement powers to take mentally ill persons into custody without warrant pursuant to Art. 29, Ch. 59. 87-105.
Conditions of release - release prior to trial; appearance bonds. 89-37.
Reporting of abuse or neglect of children; court services officers. 89-100.
Release prior to trial; exoneration; appearance bonds. 89-113.
Jurisdiction of Capitol Area Security Patrol. 90-24.
Domestic violence calls; written policies; arrest required. 92-94.
DUI; mandatory imprisonment; custody of law enforcement officials. 93-20.
Deputy sheriffs for enforcement of park regulations; park rangers' authority outside the park grounds. 94-5.
Authority of tribal law enforcement officers to enforce state law on Indian reservations. 94-152.
Security officer employed at Kansas soldiers' home is not a law enforcement officer. 95-48.
Conviction not necessary to initiate disciplinary action against license of Division of Alcoholic Beverage Control. 2003-31.
Uniform electronic transaction act does not authorize the use of unsworn electronic digitally signed complaint or supporting affidavit; court rule exception. 2008-4.
Cited in opinion detailing allowable costs and persons or entities responsible for payments relating to mentally ill persons. 2008-7.
Discussion of "complaint" under K.S.A. 65-515 and role of county prosecutor. 2008-20.
CASE ANNOTATIONS
1. Cited in mandamus action by attorney general questioning district court judge's order restraining him from conducting investigation into gambling activities; mandamus held proper remedy. State v. Rohleder, 208 Kan. 193, 194, 195, 490 P.2d 374.
2. Subsection (5) cited; escape statutes (K.S.A. 21-3809 and 21-3810) inapplicable where no written charge lodged against defendant. State v. Pruett, 213 Kan. 41, 50, 53, 515 P.2d 1051.
3. Applied in construing K.S.A. 21-3203 (2); defense based on mistake of law. State v. V.F.W. Post No. 3722, 215 Kan. 693, 696, 527 P.2d 1020.
4. Applied in determining due process not denied by use of lay judges in preliminary hearings. State v. Boone, 218 Kan. 482, 483, 484, 543 P.2d 945.
5. Applied; probable cause to justify arrest without warrant after legal "stop and frisk" procedure. State v. Boone, 220 Kan. 758, 764, 556 P.2d 864.
6. Section mentioned in general discussion of commencement of prosecutions and right to speedy trial. State v. Taylor, 3 Kan. App. 2d 316, 318, 594 P.2d 262.
7. Cited; petitioner's right to a speedy trial violated; writ of habeas corpus granted. Williams v. Darr, 4 Kan. App. 2d 178, 182, 603 P.2d 1021.
8. Individual engaging in unofficial narcotics investigation is not exempted as a law enforcement officer from K.S.A. 21-4201 because of commission as a special deputy or school security guard. State v. Hargis, 5 Kan. App. 2d 608, 610, 620 P.2d 1181.
9. Provisions of K.S.A. 8-1001 become operative only after a person is arrested or otherwise taken into custody. State v. Williams, 4 Kan. App. 2d 651, 654, 610 P.2d 111 (1980).
10. Document titled "Information" held sufficient to commence prosecution if functions of complaint fulfilled. Henderson v. Schenk, 6 Kan. App. 2d 562, 563, 631 P.2d 246 (1981).
11. Escape statutes not applicable when defendant not in custody. State v. Logan, 8 Kan. App. 2d 232, 234, 654 P.2d 492 (1982).
12. Appointment of special prosecutor considered; appearance approved by court under (19). State v. Heck, 8 Kan. App. 2d 496, 499, 661 P.2d 798 (1983).
13. Trial court erred in holding defendant was arraigned on initial appearance on O.R. bond since no complaint had been filed; judgment affirmed on other grounds. State v. Rosine, 233 Kan. 663, 668, 664 P.2d 852 (1983).
14. Use of telephone "lottery" to inform prospective juror of date to appear for service permissible. State v. Reeves, 234 Kan. 250, 252, 253, 671 P.2d 553 (1983).
15. Cited in holding that when attorney general prosecutes case at county attorney's request, attorney general can only be removed for cause. State ex rel. Stephan v. Reynolds, 234 Kan. 574, 579, 673 P.2d 1188 (1984).
16. Complaining witness cannot appeal order dismissing complaint; responsibilities of those representing state outlined. State ex rel. Rome v. Fountain, 234 Kan. 943, 948, 678 P.2d 146 (1984).
17. County attorney not a law enforcement officer. Mendoza v. Reno County, 235 Kan. 692, 695, 681 P.2d 676 (1984).
18. Where county attorney acquiesces in attorney general's decision to prosecute, attorney general controls prosecution. State v. Abu-Isba, 235 Kan. 851, 856, 685 P.2d 856 (1984).
19. Attorney hired under K.S.A. 19-717 to assist prosecutor not special prosecutor hereunder. State v. Berg, 236 Kan. 562, 565, 566, 694 P.2d 427 (1985).
20. Cited; acts of shopper insufficient to grant summary judgment to off-duty policeman/security officer on probable cause. Alvarado v. City of Dodge City, 10 Kan. App. 2d 363, 367, 702 P.2d 935 (1985).
21. Cited; plaintiff detained rather than arrested for purpose of investigating circumstances of possession of merchandise (K.S.A. 21-3424). Alvarado v. City of Dodge City, 238 Kan. 48, 61, 708 P.2d 174 (1985).
22. Cited; associate counsel allowed by K.S.A. 19-717 bound by discovery requirements (K.S.A. 22-3212). State v. Dressel, 11 Kan. App. 2d 552, 557, 558, 729 P.2d 1245 (1986).
23. Narrow definition of "custody" herein not applicable in interpreting K.S.A. 8-1001, regarding admissibility of blood/alcohol test. State v. Louis, 240 Kan. 175, 181, 727 P.2d 483 (1986).
24. "Preliminary examination" hereunder synonymous with "preliminary hearing" under K.S.A. 60-460(c)(2). State v. Phifer, 241 Kan. 233, 238, 737 P.2d 1 (1987).
25. Cited; attorney hired to assist prosecution (K.S.A. 19-717) subject to limited discovery under K.S.A. 22-3212. State v. Dressel, 241 Kan. 426, 434, 436, 738 P.2d 830 (1987): Reversing 11 Kan. App. 2d 552, 729 P.2d 1245 (1986).
26. Cited; prosecution for DUI (K.S.A. 8-1567) commenced only by filing complaint or information examined. State v. Fraker, 12 Kan. App. 2d 259, 260, 739 P.2d 940 (1987).
27. Cited; requirement of verified complaint to commence prosecution for DUI (K.S.A. 8-1567) and certain other violations examined. State v. Fraker, 242 Kan. 466, 467, 748 P.2d 868 (1988).
28. Cited; liability for medical expenses incurred for individual while "in custody" under K.S.A. 65-4027(A) and (B) examined. Allen Memorial Hosp. v. Board of Butler County Comm'rs, 12 Kan. App. 2d 680, 682, 753 P.2d 1302 (1988).
29. Cited; right to speedy criminal trial (K.S.A. 22-3402(2)) extending to appeals from municipal court to district court examined. City of Elkhart v. Bollacker, 243 Kan. 543, 545, 757 P.2d 311 (1988).
30. Cited; failure to execute arrest warrant due to defendant's incarceration elsewhere as not constituting unreasonable delay examined. State v. Nicholson, 243 Kan. 747, 749, 763 P.2d 616 (1988).
31. DUI prosecution under chapter 12 of K.S.A. for violation of municipal ordinance as not requiring verified complaint examined. City of Tonganoxie v. Jack, 13 Kan. App. 2d 718, 720, 779 P.2d 34 (1989).
32. Pursuant to K.S.A. 54-101, a complaint may be sworn to before anyone authorized to administer oaths. State v. Lieurance, 14 Kan. App. 2d 87, 88, 782 P.2d 1246 (1989).
33. Arresting authority of municipal law officers examined; K.S.A. 12-4212 and 22-2401 both held applicable. Griffin v. State, 14 Kan. App. 2d 803, 810, 799 P.2d 521 (1990).
34. Challenges to defects first raised on appeal as reviewable by supreme court determined. State v. Hall, 246 Kan. 728, 757, 793 P.2d 737 (1990).
35. Lack of verification on complaint not a defect depriving court of jurisdiction. State v. Graham, 247 Kan. 388, 394, 799 P.2d 1003 (1990).
36. Attorney hired by complaining witness under K.S.A. 19-717 not a special prosecutor within meaning herein. State v. Baker, 249 Kan. 431, 443, 819 P.2d 1173 (1991).
37. Sheriff training and supervision of deputies and adoption of policies and procedures are police protection exceptions to tort claims act. Allen v. Board of Comm'rs of County of Wyandotte, 773 F. Supp. 1442 (1991).
38. "Arrest" and "custody" defined; jurisdiction over defendant/inmate transferred from institution and arrested in another county examined. State v. Hammond, 251 Kan. 501, 510, 837 P.2d 816 (1992).
39. When the prosecution of a traffic citation commences examined. State v. Donlay, 253 Kan. 132, 137, 853 P.2d 680 (1993).
40. Whether conservation officer is entitled to qualified immunity in civil rights action arising out of arrest examined. Dees v. Vendel, 856 F. Supp. 1531, 1536 (1994).
41. Whether court erred in dismissing compliant against defendant for improper verification of warrant examined. State v. Green, 257 Kan. 444, 448, 901 P.2d 1350 (1995).
42. Law enforcement officers operating outside scope of authority retain right to make citizen's arrest. State v. Miller, 257 Kan. 844, 850, 896 P.2d 1069 (1995).
43. Dismissal of theft by deception after preliminary hearing based on state's failure to meet burden of proof upheld. State v. Bell, 259 Kan. 131, 132, 910 P.2d 205 (1996).
44. Traffic DUI citation need not allege facts constituting a crime as required by complaint. State v. Boyle, 21 Kan. App. 2d 944, 945, 913 P.2d 617 (1996).
45. Evidence of driving under the influence of alcohol insufficient to bind defendant over on reckless aggravated battery. State v. Huser, 265 Kan. 228, 230, 959 P.2d 908 (1998).
46. Admission of defendant's voluntary statements made in hospital were voluntary and did not violate Miranda rule. State v. Canaan, 265 Kan. 835, 847, 964 P.2d 681 (1998).
47. Purpose of preliminary examination considered; de novo review of evidence showed probable cause that defendant sold drugs. State v. Harris, 266 Kan. 610, 614, 975 P.2d 227 (1999).
48. Police officer working off duty as private security guard acts in capacity as law enforcement officer upon arresting individual wanted on outstanding warrant. State v. Epps, 27 Kan. App. 2d 982, 9 P.3d 1271 (2000).
49. Court's approval of waiver of arraignment begins running of time for speedy trial. State v. Montgomery, 34 Kan. App. 2d 549, 122 P.3d 392 (2005).
50. Law enforcement arrested defendant without probable cause; 4 th Amendment violated and evidence was suppressed. City of Norton v. Wonderly, 38 Kan. App. 2d 797, 804, 172 P.3d 1205 (2007).
51. Mentioned in warrantless search case; held search unreasonable under the circumstances. State v. Jeffery, 38 Kan. App. 2d 893, 895, 173 P.3d 1156 (2008).
52. Cited; probation violation and incarceration for new felony; state does not waive probation violation if it lodges detainer. State v. Hall, 287 Kan. 139, 147, 195 P.3d 220 (2008).
53. Cited; court distinguishes custodial interrogations and investigative interrogations; Miranda warning, when required. State v. Vanek, 39 Kan. App. 2d 529, 534, 180 P.3d 1087 (2008).
54. Cited in case involving unlawful arrest and unlawful search; conviction reversed. State v. Wagner, 39 Kan. App. 2d 279, 286, 179 P.3d 1149 (2008).
55. A district magistrate judge has jurisdiction to conduct felony arraignments and accept pleas. State v. Valladarez, 288 Kan. 671, 206 P.3d 879 (2009).
56. Defendant stopped for traffic violation not in custody for Miranda purposes when he made statements to a police officer because officer's questioning was part of an investigatory detention. State v. Goff, 44 Kan. App. 2d 536, 239 P.3d 467 (2010).