Being Arrested
K.S.A. 22-2401 — a warrant, probable cause of a felony, or a misdemeanor with a reason it cannot wait, and a magistrate without unnecessary delay
A law enforcement officer may arrest a person who is named in a warrant, or whom the officer has probable cause to believe is wanted on a felony warrant here or elsewhere, or is committing or has committed a felony.
Who handles this in Kansas: Kansas Appleseed and Johnson County Bar Association, Find a Lawyer; and legal aid programs and the state offices, listed in the Kansas directory.
- For a misdemeanor, the officer also needs probable cause that the person will escape or the evidence will be lost, that the person may hurt someone or damage property, or that the person intentionally caused another bodily harm.
- Any crime other than a traffic infraction or a cigarette or tobacco infraction committed in the officer's view is grounds for arrest.
- An arrest is made by actual restraint or by submitting to custody, on any day and at any time of the day or night.
A person arrested on a warrant goes without unnecessary delay before a magistrate of the court that issued it. A person arrested on probable cause without a warrant goes without unnecessary delay before the nearest available magistrate, and a complaint is filed forthwith.
A restraining order arrest. A person arrested for trespass in defiance of a served restraining order may not post bond before the first appearance, provided that appearance comes within 48 hours after arrest.
Several rules about an arrest come from the Supreme Court of the United States rather than from this state's code. It has held that before questioning a person in custody, officers must warn that the person may remain silent, that anything said can be used against them, and that they have a right to a lawyer, appointed if they cannot afford one; that a person arrested without a warrant is entitled to a prompt decision by a judge on whether there was probable cause; and that officers generally need a warrant to search the data on a phone taken from a person they arrested. Those holdings are a floor: a state's own constitution and statutes can give more protection than they do, never less.
Sources for this section (6)
- K.S.A. 22-2401 — Arrest by law enforcement officer
- K.S.A. 22-2405 — Method of arrest
- K.S.A. 22-2901 — Appearance before the magistrate
- Miranda v. Arizona, 384 U.S. 436 (1966) — Right to remain silent and to counsel during custodial interrogation
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991) — Probable cause review generally within 48 hours of a warrantless arrest
- Riley v. California, 573 U.S. 373 (2014) — Police need a warrant to search a phone seized during an arrest
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.