May 18, Dear Colonel Moomau:

Similar documents
January 10, 1992 ATTORNEY GENERAL OPINION NO Lewis A. Heaven, Jr. City Attorney 9000 West 62nd Terrace Merriam, Kansas

* * * ATTORNEY GENERAL OPINION NO Kyle Smith Counsel for the Law Enforcement Training Commission 1620 S.W. Tyler Topeka, Kansas Re:

April 18, Counties and County Officers Sheriff Budget; Charge and Custody of Jail

ROBERT T. STEPHAN ATTORNEY GENERAL. May 24, 1991

State Law reference Police force and departments, W. Va. Code, et seq.; powers and duties of law enforcement, W. Va. Code,

May 15, Intoxicating Liquors and Beverages -- Misdemeanors and Nuisances -- "Open Saloon" Defined and Prohibited

PETITION FOR EXPUNGEMENT OF CONVICTION OR DIVERSION Pursuant to K.S.A

July 5, 1985 ATTORNEY GENERAL OPINION NO

Effect of Nonpayment

CHIEF JUDGE ORDER SETTING FORTH BOND GUIDELINES

Marquette University Police Department

March 6, Automobiles and Other Vehicles--Licensure of Vehicle Sales and Manufacture--Prohibition of Sunday Sales

January 24, 2019 * * *

MEDICAL UNIVERSITY OF SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

Driving Under the Influence; House Sub. for SB 374

ROBERT T. STEPHAN. July 16, 1987 ATTORNEY GENERAL

Session of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10

2017 VT 40. No On Appeal from v. Superior Court, Essex Unit, Criminal Division. Renee P. Giguere February Term, 2017

Constitution of the State of Kansas--Bill of Rights - -Liberty of Press and Speech; Ban on Funeral Picketing

TITLE 6 LAW ENFORCEMENT 1 CHAPTER 1 LAW ENFORCEMENT DEPARTMENT

ROBERT T. STEPHAN ATTORNEY GENERAL. November 17, 1986

NOT DESIGNATED FOR PUBLICATION. No. 118,071 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, SHELLIE R. ROBINSON, Appellant.

Substitute for HOUSE BILL No. 2159

76th OREGON LEGISLATIVE ASSEMBLY Regular Session. Enrolled

March 29, Minors--General Provisions--Consent for Medical Care of Unmarried Pregnant Minor

The Seizure of Property as Evidence, Its Unlawful Retention, and Suggested Remedies of the Owner

LOWER MERION TOWNSHIP POLICE DEPARTMENT Ardmore, Pennsylvania. Policy Until Amended or Rescinded Directive: 05-98

Survey of State Laws on Credit Unions Incidental Powers

CHAPTER 17 - ARREST POLICIES Alternatives to Arrest and Incarceration Criminal Process Immigration Violations

MUNICIPAL COURT CLERKS MANUAL

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY

MUNICIPAL COURT CLERKS MANUAL

H.R and the Protection of State Conscience Rights for Pro-Life Healthcare Workers. November 4, 2009 * * * * *

NOT DESIGNATED FOR PUBLICATION. No. 117,451 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant,

November 3, Re:

Second Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

HOUSE BILL No As Amended by House Committee

Ch. 901 ARRESTS Ch When warrant of arrest to be issued Direction and execution of warrant.

September 8, Personal and Real Property -- Real Estate Brokers and Salespersons -- Licensure of Nonresidents

seq. Cited herein: K.S.A ; ; ; ; ; K.A.R

LEGAL PROCESS WRITTEN DIRECTIVE: 14.3 EFFECTIVE DATE: REVISION DATE:

TITLE 6 LAW ENFORCEMENT CHAPTER 1 POLICE AND ARREST

JUVENILES NOW ADULTS: YES, THEY STILL NEED OUR ATTENTION

K.S.A Supp and the Kansas Open Records Act (KORA) The statute requiring rate filings, K.S.A Supp (a), states in part:

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY AMENDED COMPLAINT

Copr. West 2004 No Claim to Orig. U.S. Govt. Works

IN THE EIGHTEENTH JUDICIAL DISTRICT MUNICIPAL COURT OF DERBY, KANSAS

22 nd Annual Tribal Law & Governance Conference Friday, March 9, 2018 University of Kansas School of Law

Legislative Summary. June 8, 2018

409 N. Ninth St. to be considered, it must be Date Delivered: Next court date is: Time: FINNEY COUNTY DIVERSION PROGRAM

ORDINANCE NO. 903 BE IT ORDAINED BY THE PRESIDENT AND VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF COBDEN, UNION COUNTY, ILLINOIS, THAT:

I shall answer your questions in the order in which they

TITLE 3 MUNICIPAL COURT 1 CHAPTER 1 CITY COURT

May 13, 1985 ATTORNEY GENERAL OPINION NO

15A-725. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion.

CHAPTER 3: ENFORCEMENT

Missouri Police Chiefs Association SAMPLE POLICY ANNOUNCEMENT CREATED BY HB RSMo.

PETITION FOR EXPUNGEMENT OF CONVICTION OR DIVERSION Pursuant to K.S.A

seq. Cited herein: K.S.A ; 44-2STEPHAN ATTORNEY GENERAL OPINION NO The Honorable Marvin. Wm. Barkis

The Kansas Law Enforcement Training Act

Governance State Boards/Chiefs/Agencies

ROBERT T. STEPHAN ATTORNEY GENERAL. March 13, 1992

NORTH CAROLINA GENERAL ASSEMBLY 1973 SESSION CHAPTER 1286 HOUSE BILL 256 AN ACT TO AMEND THE LAWS RELATING TO PRETRIAL CRIMINAL PROCEDURE.

May 1 1, Re: Fire Protection -- Fire Safety and Prevention -- Certification of Arson Investigators

LIQUOR LICENSE APPLICATION

Name Change Laws. Current as of February 23, 2017

NEW YORK STATE BAR ASSOCIATION. LEGALEase. Your Rights if Arrested

NH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING

NC General Statutes - Chapter 74E 1

April 25, Re: Counties and County Officers -- Planning and Zoning -- Regulations Inapplicable to Agricultural Purposes; Home Rule Authority

CITY OF MADISON OFFICE OF THE CITY ATTORNEY Room 401, CCB OPINION #08-001

APPLICATION FOR A LIQUOR LICENSE CITY OF ST. JOSEPH

LAWS OF ARREST. Unit th Amendment

June 10, 1991 ATTORNEY GENERAL OPINION NO Dear Ms. Jeffrey: As acting county counselor you request our opinion regarding

Session of SENATE BILL No. 81. By Committee on Judiciary 2-1

Office of the District Attorney Eighteenth Judicial District of Kansas at the Sedgwick County Courthouse 535 North Main Wichita, Kansas 67203

EXTRADITION AND THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION Advanced Criminal Procedure for Magistrates

Policy 5.11 ARREST PROCEDURES

Municipal Ordinance Enforcement

Employee must be. provide reasonable notice (Ala. Code 1975, ).

Page 1 of 5. Appendix A.

July 7, 1992 ATTORNEY GENERAL OPINION NO Brad L. Jones Coffey County Attorney P.O. Box 310 Burlington, Kansas Re:

ANIMAL CRUELTY STATE LAW SUMMARY CHART: Court-Ordered Programs for Animal Cruelty Offenses

ORDER FOR EXPUNGEMENT Pursuant to K.S.A

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

April 18, Roads and Bridges -- County and Township Roads; County Road Unit System -- Bid Letting

No. 102,285 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellant, JOSEPH C. CHAVEZ-ZBARRA, Appellee. SYLLABUS BY THE COURT

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

ROBERT T. STEPHAN ATTORNEY GENERAL. September 14, 1990

TEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. Amended Date June 1, 2017

MODEL INSTRUCTION ASSAULT ON A LAW ENFORCEMENT OFFICER ARREST SITUATIONS.

CITY OF ONALASKA POLICE DEPARTMENT

ICAOS Rules. General information

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI AT KANSAS CITY

Are Courts Required to Impose the Least Restrictive Conditions of Bail? Are Courts Required to Consider Community Safety When Imposing Bail?

PART 6 COURT CHAPTER 1 MUNICIPAL COURT

(1)ffir~.of ~ J\±tarm\J (1i~mral

States Permitting Or Prohibiting Mutual July respondent in the same action.

Case 2:13-cv DB Document 2 Filed 12/03/13 Page 1 of 10

Chapter 5-19 PRIVATE SECURITY SERVICE

Transcription:

ROBERT T. STEPHAN ATTORNEY GENERAL May 18, 1987 ATTORNEY GENERAL OPINION NO. 87-80 Acting Colonel E. P. Moomau Kansas Highway Patrol 122 S.W. Seventh Street Topeka, Kansas 66603-3847 Re: Criminal Procedure--Arrest--Arrest by Law Enforcement Officer from Another Jurisdiction; Uniform Law on Fresh Pursuit Synopsis: The ability of a Kansas police officer to arrest an individual in another state for a traffic infraction or misdemeanor committed in Kansas depends on the Uniform Law on Fresh Pursuit adopted by the state in which the arrest is to be made. The procedure to be followed pursuant to a lawful arrest also depends largely on the laws of the state in which the arrest is made. In general, Kansas law enforcement officials in fresh pursuit may arrest in Colorado for any crime, whereas they may arrest in Missouri, Nebraska and Oklahoma only on the ground that the individual is believed to have committed a felony in Kansas. Cited herein: K.S.A. 8-1568; K.S.A. 1986 Supp. 8-2104; 21-3105; K.S.A. 22-2404; K.S.A. 1986 Supp. 22-2713; K.S.A. 22-2714; 22-2715; 22-2728. Dear Colonel Moomau: As former superintendent of the Kansas Highway Patrol, Colonel Cantwell requested our opinion regarding the stopping of misdemeanants or traffic infraction violators in another state

after the violation is viewed by law enforcement officers in this state. Colonel Cantwell's specific questions are as follows: "Initially, can a police officer from this state legally pursue a misdemeanor or traffic infraction violator into another state? "If this is permissible, what procedures can or should be followed in the following circumstances: -- A felony charge is developed following the stop in another state, e.g. - an outstanding felony warrant exists or there is probable cause to effect a felony arrest. -- A traffic infraction was viewed by the officer and following the stop in another state, a misdemeanor charge is developed that requires an immediate appearance before the district court in Kansas or the provisions of K.S.A. 8-2107 apply, e. g. - the violator is driving under the influence or his driving privileges have been suspended in the state of Kansas; or he is found to be transporting an open container of alcoholic liquor or cereal malt beverage accessible while vehicle is in motion." The ability of a Kansas police officer to stop and arrest an individual in a state other than Kansas is determined by the laws of the state in which the stop occurs. Kansas and its adjoining states have all adopted the Uniform Law on Fresh Pursuit. The states differ, however, on the extent of that law. In Kansas and Colorado, the law provides essentially: "Any peace officer of another state who enters this state in fresh pursuit and continues within this state in fresh pursuit of a person in order to arrest him on the ground that he has committed a crime in the other state has the same authority to arrest and hold such person in custody as a peace officer of this state has to arrest and hold a person in custody." (Emphasis added). Colo. Rev. Stat. 16-3-104(2); K.S.A. 22-2404(2).

In contrast, the laws of Oklahoma, Nebraska and Missouri provide: "Any member of a duly organized state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit, and continues within this state in such fresh pursuit, of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county, or municipal peace unit of this state, to arrest and hold in custody a person on the ground that he is believed to have committed a felony in this state." (Emphasis added). Mo. Rev. Stat. 544.155; Neb. Rev. Stat. 29-416; Okla. Stat.- tit. 22, 221. "Fresh pursuit" is defined in all states as pursuit without unnecessary delay. K.S.A. 22-2404(1)(c); Colo. Rev. Stat. 16-3-104(1)(c); Mo. Rev. Stat. 544.155; Neb. Rev. Stat. 29-420; Okla. Stat. tit. 22, 225. Thus, if an individual is pursued by Kansas law enforcement without unnecessary delay into Colorado after having committed a crime in Kansas, the Kansas law enforcement officials have the authority to stop and arrest that individual in Colorado. Traffic infractions and misdemeanors are crimes in the state of Kansas. K.S.A. 1986 Supp. 21-3105. However, Kansas law enforcement officials may not arrest an individual merely for a traffic violation. K.S.A. 1986 Supp. 8-2104(c). Therefore, only a misdemeanor or felony offense will justify a stop and arrest by Kansas officers in the state of Colorado. It is possible that a misdemeanor may develop in Kansas following the initial traffic infraction which would allow officers to make an arrest. For example, if the Kansas officer properly signals the violator to stop in Kansas and such signal is not obeyed, the offense of attempting to elude or fleeing a police officer, K.S.A. 8-1568, may arise. In order for a Kansas law enforcement official to make a lawful stop and arrest in Nebraska, Oklahoma, or Missouri, the individual pursued must be suspected of having committed a felony in Kansas. Thus, Kansas law enforcement officials may

not arrest in Nebraska, Oklahoma or Missouri for the commission of a misdemeanor or traffic infraction in Kansas. The procedure to be followed upon an arrest by Kansas law enforcement officials in another state differs slightly from state to state. See Neb. Rev. Stat. 29-417; Mo. Rev. Stat. 544.155; Okla. Stat. tit. 22, 222; Colo. Rev. Stat. 16-3-104(3). Generally, the arresting officer is required to take the person arrested without unreasonable delay before the magistrate of the county in which the arrest is made. The magistrate is to conduct a hearing for the purpose of determining the lawfulness of the arrest. If the arrest is held to be lawful, the magistrate is to "commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor" of the state in which the arrest occurs. Presumably, in order to remain consistent with extradition laws, a warrant would first have to issue from the state of Kansas upon information constituting probable cause from the pursuing officer, unless the offense is a felony as described in K.S.A. 22-2714. If the arrest is held to be unlawful, the individual arrested is to be discharged. If the laws of the state into which an individual is pursued do not allow an arrest by out-of-state law enforcement officials, such officials may request law enforcement in that state to come to the scene. In this situation it would be advisable to terminate pursuit by Kansas officers upon reaching the state line in that they would no longer have jurisdiction. Information taken from the pursuing officers may be deemed probable cause for stop by home-state officers. If the offense is continued in the arresting state, such as driving under the influence or transporting an open container, the home-state officers can make an independent arrest, and the Kansas officers may work on getting p Kansas warrant and possible extradition to Kansas. If an individual is properly stopped and arrested by Kansas officers in a state other than Kansas, and is extradited pursuant to law, that individual "may be tried in [Kansas] for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition." K.S.A. 22-2728. Thus, a felony or misdemeanor charge which develops following the lawful stop may be resolved along with the crime for which the individual was stopped. If a felony warrant is outstanding on the individual, the extradition proceedings will apply, including

the appearance before a magistrate to allow posting of a bond. K.S.A. 1986 Supp. 22-2713; K.S.A. 22-2715. In conclusion, the ability of a Kansas police officer to arrest an individual in another state for a traffic infraction or misdemeanor committed in Kansas depends on the Uniform Law on Fresh Pursuit adopted by the state in which the arrest is to be made. The procedure to be followed pursuant to a lawful arrest also depends largely on the laws of the state in which the arrest is made. In general, Kansas law enforcement officials in fresh pursuit may arrest in Colorado for any crime, whereas they may arrest in Missouri, Nebraska and Oklahoma only on the ground that the individual is believed to have committed a felony in Kansas. Very truly yours, ROBERT T. STEPHN Attorney General of Kansas RTS:JLM:jm Julene L. Miller Deputy Attorney General