Being Arrested
KRS 431.025 — told of the intention to arrest and the offense, with no unnecessary force
- A peace officer may arrest on a warrant, or without one for a felony committed in the officer's presence or on probable cause to believe the person committed a felony.
- Without a warrant, an officer may also arrest for a misdemeanor committed in the officer's presence, and for DUI on probable cause.
- The person making an arrest tells the person of the intention to arrest, and of the offense.
- An arrest is made by restraint, or by submission to custody in the arrester's actual presence.
- No unnecessary force or violence is used in making an arrest.
Release before trial. A person charged with an offense is released on personal recognizance or an unsecured bail bond, unless the court decides that will not reasonably assure appearance, or that the person is a flight risk or a danger to others; then the court sets conditions.
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)
- KRS 431.005 — Arrest by peace officers -- By private persons
- KRS 431.025 — Notice of intention to arrest -- Act of arrest -- Force
- KRS 431.520 — Release on personal recognizance or unsecured bail bond -- Conditions of release
- 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 Kentucky attorney.